DISTANCE SALES AGREEMENT


The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically from the woofieorganics.com (“Website”) website belonging to the SELLER.

Article 1 - PARTIES

SALES PERSON
Title : NİHAN ÖZİŞÇİ WOOFİE ORGANICS
Tax No: 6710706766
Address : Cumhuriyet Mh. Dervis Eroglu Cd. Bizimkent B2-O8/A No:7 N Inner Door No:9
Phone : 0538 561 92 44
Email: [email protected]
Bank account :
Nihan ÖZİŞÇİ İŞBANK
TR56 0006 4000 0011 1700 6792 43
BUYER
Name and surname :
Title :
Address :
Telephone :
Email :

Article 2 - CONTRACTUAL PRODUCT, PRICE, PAYMENT


2.1. The type, type, quantity, unit price of the products (goods/services), sales price including VAT, payment information and the place of delivery notified by the BUYER are as follows.

2.2. The BUYER, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. All preliminary information about the product subject to sale, right of withdrawal, information about privacy and protection of personal data, right to apply in case of dispute, etc. It accepts and declares that it confirms all preliminary information and the contract electronically and then orders the product, in accordance with the provisions of this contract.

2.3. The preliminary information on the website and the invoice and delivery note issued on the order given by the BUYER are integral parts of this contract.
2.4. This contract becomes valid after the BUYER gives the necessary confirmation in electronic form regarding the order of the product.
Article 3- DELIVERY OF THE PRODUCT, PLACE OF CONTRACT AND DELIVERY METHOD
3.1. The product requested by the BUYER will be delivered to the delivery address determined by the BUYER by the courier company official.
3.2. The person to be invoiced and the person making the contract must be the same. The BUYER agrees to fully cover the damages that may arise from the situations where this information is not correct or incomplete.
3.3. The SELLER reserves the right to stop the order when it deems necessary and/or when it is determined that the information given by the BUYER does not correspond to the truth. The SELLER has the right to freeze the execution of the order for 15 (fifteen) days if it cannot reach the BUYER from the telephone, e-mail and postal addresses given by the BUYER in cases where it detects a problem with the order. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER has the right to cancel the order so that both parties are not harmed.
3.4. The prices announced on the website are sales prices. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the determined period.


Article 4 - RIGHT OF WITHDRAWAL


The BUYER has the right to withdraw from this contract within fourteen (14) days from the date of receipt of the product without giving any reason and without paying any penalty.
However, there is no right of withdrawal in the contracts regarding the following goods/services, even if they have not been used/used:
a) Goods prepared in line with the special requests of the BUYER or his personal needs, dimensions and demands (including those that are customized for personal / personal needs by making changes or additions, special products imported / supplied from the country and / or abroad, based on the BUYER's order)
b) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
c) Contracts for goods prepared in line with the consumer's wishes or personal needs.
ç) Contracts for the delivery of goods that are perishable or whose expiration date may pass.
d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
g) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
h) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ı) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
drink
i) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
j) Other goods-services that are generally considered outside the scope of distance sales in accordance with the relevant legislation, and cases where the BUYER makes purchases for commercial/professional purposes.

In cases where there is a right of withdrawal, the BUYER must have sent a clear notification to the SELLER in writing within the legal 14-day period, indicating that he/she has exercised his/her right of withdrawal. In case the said right is exercised within its time limit, it is obligatory to send the product to the address of the SELLER in the contract within a maximum of ten (10) days, at the BUYER's expense.

In this return process, the product must be delivered complete and undamaged with its box, packaging and standard accessories, if any. In addition, as per the tax legislation, in addition to the cases where a Return Invoice must be issued by the BUYER by law, the following section regarding the return will be filled in and signed on the invoice to be returned with the product. Order returns for which a return invoice is required will not be accepted unless a Return Invoice is issued.

The address to which the product will be returned: Yeşilköy Mh. Havan Sok. Tanaçan Sitesi A Blok D:02 Bakırköy/İST.
Cargo company delivered for return: Yurtiçi Kargo

Provided that the above-mentioned requirements are fulfilled by the BUYER, the product price and, if any, the delivery costs of the product to the BUYER are returned to the BUYER in accordance with the payment instrument used when purchasing the product, within 14 days from the date of receipt of the withdrawal notification to the SELLER.


Article 5 - PERSONAL DATA PROCESSING AND PRIVACY POLICY


Confidentiality rules-policy and conditions, the current principles of which are stated below, apply to the protection, confidentiality, processing-use, communications and other issues of information on the website.
The protection of your personal information and your security during payment is very important to us. Therefore, with the importance and awareness of protecting your information meticulously, we recommend you to use the 3D Secure system when making your payments by credit card. The information required to make the payment (Example: Credit card number) is not stored by NİHAN ÖZİŞÇİ WOOFIE ORGANICS. This information is transferred by you to the bank with which we have a contract, without an intermediary. All your personal information is 256 bit encrypted with the SSL Secure system, which is the internet security standard. In this way, it is prevented that your information is captured by unwanted persons or institutions in any way during their circulation on the internet. NİHAN ÖZİŞÇİ WOOFİE ORGANICS requests the following personal information for the performance of the sales contract in order to provide better and higher quality service to its customers. The personal information requested from our customers is necessary in order to serve you, our Customers, and this information of all our customers, without exception, is strictly confidential and protected under strict security measures. However, the storage, use and processing of our customer information is partially necessary for the smooth progress of our business process.
You can access the detailed Personal Data Processing Policy and the clarification texts from the link woofieorganics.com/our website. When you buy the product, you will be asked to provide your name, surname, ID number, address, telephone, e-mail address, order information, buyer information, buyer notes, delivery person information, credit card information.
Your information, which will be processed based on the legal reason for the performance of the contract, will only be used for the purposes stated below;
•   For the purpose of identity verification and registration,
•   In order to process your orders and manage your account, to carry out commercial activities and to ensure their continuity,
•   For the purpose of informing about the service processes received,
•   For the purpose of delivery/return of orders,
•   In order to resolve complaints about orders,
•   In order to provide technical service,
•   For the purpose of sending electronic messages to inform you about new products, campaigns and promotions, provided that you give your prior consent,
•   In order to make statistics about your transactions and to create linked lists, to bring together commercial statistics and analysis,
•   For the purpose of researching and developing our products, services and personal choices,
•   Software, enterprise resource planning, reporting, marketing etc. To perform functions such as
•   For the purpose of giving promotions and gifts,
•  In order to carry out the necessary quality, confidentiality and standard audits,
•   For the purpose of fulfilling the requirements determined by laws and regulations (tax legislation, legislation on the protection of consumers, legislation on the law of obligations, legislation on commercial law, customs legislation, legislation on electronic communication, etc.),

• In order to fulfill the obligations related to e-invoice, e-archive and e-dispatch,
•   In order to fulfill the demands of public institutions and organizations as required or mandated by legal regulations,
• In order to fulfill the legal obligations specified in the KVKK,
In accordance with the mandatory provisions of the laws, it is essential to keep the information of real persons accurate and up-to-date. For this reason, it may be requested to update your personal information at certain time intervals. Only you can access all the information you enter into the system and only you can change the information. NİHAN ÖZİŞÇİ WOOFİE ORGANICS cannot under any circumstances be held responsible for the false information submitted by you.
Provided that your processed personal data is limited to mandatory information;
•   With service providers in order to process your orders, manage your account, carry out commercial activities and ensure their continuity,
•   With logistics and cargo companies for the delivery/return of orders,
•   Software, enterprise resource planning, reporting, marketing, etc. with suppliers and solution partners in order to perform functions such as
•   With banks and payment intermediary systems companies for the purpose of performing payment/collection services,
•   With audit firms and information security firms in order to carry out the necessary quality, confidentiality and standard audits,
•    NİHAN ÖZİŞÇİ With companies that provide cloud computing services in accordance with the information technologies used by WOOFIE ORGANICS,
•    NiHAN ÖZİŞÇİ With the relevant suppliers and business partners in terms of the operability and reliability of the information systems used by WOOFIE ORGANICS,
•   With the relevant audit firms, private integrator firms, independent audit firms, customs firms, financial advisor/accounting firms, law firms for the purpose of fulfilling our obligations pursuant to the provisions of the relevant legislation and auditing our commercial activities,
•   To relevant business partners and suppliers for the purpose of giving promotions and gifts,
•   NİHAN ÖZİŞÇİ with the partners/shareholders of WOOFIE ORGANICS,
•   With public institutions and organizations in order to fulfill legal requirements and/or fulfill the demands of official authorities.
In cases where express consent is required by law, it can be transferred by obtaining explicit consent (except for cases where express consent is not required by law) and within the framework of the conditions determined by law.
NİHAN ÖZİŞÇİ WOOFİE ORGANICS will keep the personal information of its customers for the above purposes as long as the commercial relationship continues. NİHAN ÖZİŞÇİ WOOFİE ORGANICS is obliged to keep the data for 10 years according to the Turkish Commercial Code after the commercial relationship has ended. After the deadline, your personal data will be deleted, destroyed and/or anonymized in accordance with the Personal Data Retention and Disposal Policy during the first destruction period. The customer may at any time withdraw the consent given to the processing of his personal data, subject to the conditions in paragraph 2 of article 5 of the relevant law and excluding data that must be processed by law.
Within the scope of KVKK, you have the following rights regarding your personal data;
•   Learning whether personal data is processed,
•   Demanding information on personal data if it has been processed,
•   Learning the purpose of processing personal data and whether they are used in accordance with its purpose,
•   Knowing the third parties to whom personal data is transferred at home or abroad,
•   To request correction of personal data in case of incomplete or incorrect processing,
•   Demanding the deletion or destruction of data in case the reasons requiring the processing of your personal data disappear,
•   Demanding that your corrected or deleted information upon your request be notified to third parties to which personal data has been transferred, if transferred,
•   Objecting to the emergence of a result against the person by analyzing the processed data exclusively through automated systems,
To request the compensation of the damage in case of loss due to unlawful processing of personal data.
In order to exercise your above-mentioned rights, you must submit your written request to “Cumhuriyet Mh. Dervis Eroglu Cd. Bizimkent B2-O8/A No:7 N Inner Door No:9 Beylikdüzü/İST.” You can send it to [email protected] by stating clearly that the subject is related to KVKK, with wet signature, or by using secure electronic signature, mobile signature to our [email protected] registered e-mail address, or using the e-mail address previously notified to WOOFIE ORGANICS by the relevant person and registered in the data controller's system. Applications should be made in Turkish.
In the applications, it is obligatory to include the name, surname and signature, if the application is in writing, the place of residence or workplace for the notification, the e-mail address, if any, the basis for the notification, the telephone number and the subject of the request.
In the application containing your explanations regarding the right you have as the personal data owner and you will make and request to use the above-mentioned rights; The subject you request must be clear and understandable, the subject you request is related to yourself or if you are acting on behalf of someone else, you must be specifically authorized in this regard and document your authority, the application must contain your identity and address information, and documents confirming your identity must be attached to the application. Do not share your data that you think is not with us, and do not forget that if you do, it will be a new data processing activity. For the purpose of controlling your identity, please contact us with the data you know/think that we have the information requested.
In this context, your applications will be finalized as soon as possible and within 30 days at the latest. If the application of the person concerned is to be answered in writing, up to ten pages will not be charged. A transaction fee of 1 TL may be charged for each page over ten pages. If the response to the application is given in a recording medium such as CD or flash memory, the fee that may be requested by NİHAN ÖZİŞÇİ WOOFİE ORGANICS cannot exceed the cost of the recording medium.
Regarding all kinds of information and content of the website and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to the SELLER.


Article 6 - GENERAL PROVISIONS


6.1. Once the order confirmation e-mail is sent to the e-mail account given by the BUYER, the stock is available and the product price is transferred to the SELLER's account, the product/products are delivered to the SELLER's contracted cargo company. The SELLER delivers the product to the cargo company within 5 working days from the order. This period can be extended by a maximum of 30 (thirty) days, provided that the BUYER is notified in writing or with a continuous data carrier.
6.2.Delivery costs (shipping fee, etc.) generally belong to the BUYER unless otherwise stated.
6.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery. For this reason, all kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
6.4. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the product.
If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the product price to the SELLER or demands a refund of the price paid, the product is returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the product price is caused by the BUYER's fault or negligence, the shipping costs will be borne by the BUYER. All other contractual-legal rights of the SELLER, including the follow-up of the product price without accepting the return, are reserved separately and in any case.
6.5. If it is understood that the SELLER cannot supply the product subject to the contract, it may supply another good/service with equal quality-price, provided that the BUYER clearly informs the BUYER within three (3) days from the date of learning about this situation and receives its verbal/written approval, and it is deemed to have fulfilled its contractual commitment in this way. The BUYER is free in all respects whether or not to give the said approval, and in cases where he does not give consent, the contractual-legal provisions regarding the cancellation of the order (Contract termination).

6.6. If the product price is collected in order cancellations and contract terminations, it is returned to the BUYER within a maximum of 14 days. The refund is made in accordance with the payment instrument used by the BUYER to pay the product price to the SELLER.
6.7. If the SELLER cannot deliver the product subject to the contract in due time due to commercial impossibility, unexpected situations, force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER in writing or with a permanent data store, within 3 (three) days from the date of learning of this situation. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid is returned to him within 14 (fourteen) days.
6.8. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
Persons under the age of 6.9.18 cannot make purchases from the SELLER.


Article 7 - LEGAL APPLICATION


In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced every year as per the law, and Istanbul Bakırköy Courthouse Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in the place of residence (residence) of the BUYER or, if he wishes, of the SELLER.


Article 8- EFFECTIVENESS

In the event that the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to ensure that the contract in question cannot be placed on the site without obtaining the confirmation that it has been read and accepted by the BUYER.

 

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