Online Selling Contract
PACHAMAMA GIDA TARIM TEKSTİL DAN. SAN. ve TİC. A.Ş.
DISTANCE SALES AGREEMENT
This agreement was prepared, as stated in the Turkish source text, pursuant to the regulation published in the Official Gazette dated 13 June 2003 and numbered 25137 concerning distance contracts and the requirement to conclude an agreement for sales made over the internet.
ARTICLE 1 - SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties concerning the sale and delivery by the SELLER to the BUYER of the product whose characteristics and sales price are stated below, under the consumer-protection and distance-sales legislation cited in the Turkish source text. The parties acknowledge, represent and undertake that they know and understand their obligations and responsibilities arising from the cited legislation.
ARTICLE 2.0 - PARTIES
This Distance Sales Agreement (“Agreement”) is concluded electronically between the Buyer and the Seller under the terms and conditions set out below. The Buyer and the Seller are jointly referred to as the “Parties” and individually as a “Party.” The website www.rawsome.com.tr and mobile application owned by Pachamama Gıda Tarım Tekstil Dan. San. ve Tic. A.Ş. are referred to below as the “Platform.”
ARTICLE 2.1 - SELLER INFORMATION
Title: PACHAMAMA GIDA TARIM TEKSTİL DAN. SAN. ve TİC. A.Ş.
Address: AYAZAĞA MAH. MUSTAFA KEMAL ATATÜRK CAD. NO: 27, INTERNAL DOOR NO: 4, SARIYER / ISTANBUL
Telephone: 0212 3234010
Email: info@rawsome.com.tr
MERSIS No.: 0719037955700001
ARTICLE 2.2 - BUYER INFORMATION
The person who accesses www.rawsome.com.tr as a customer. The address and contact information entered during the purchase are taken as the basis.
ARTICLE 3 - INFORMATION ON THE PRODUCT SUBJECT TO THE AGREEMENT
The type, quantity, brand/model, color, number, sales price and payment method of the goods/product/service consist of the information displayed when the order is completed.
ARTICLE 4 - MATTERS ON WHICH THE BUYER HAS BEEN INFORMED IN ADVANCE
Before creating the order and entering into the Agreement, the BUYER acknowledges that the BUYER has been accurately and completely informed through the relevant pages and sections of the Platform, this Agreement, the Preliminary Information Form and other means, and has read and understood all matters concerning the conclusion and performance of the Agreement, including:
a) the principal characteristics of the product/service;
b) the SELLER's name/title, MERSIS or tax identification number, contact details and other identifying information;
c) the stages of the sales transaction on the Platform and the appropriate tools/methods for correcting incorrectly entered information;
d) information on the professional chamber to which the SELLER belongs (ITO - Istanbul Chamber of Commerce) and electronic contact information for the applicable professional rules (Telephone: 444 0 486, www.ito.org.tr);
e) the privacy, data-use/processing and electronic-communication rules applied by Pachamama Gıda Tarım Tekstil Dan. San. ve Tic. A.Ş., the scope of the BUYER's permissions, the BUYER's statutory rights, the SELLER's rights and procedures for exercising the parties' rights;
f) shipping restrictions stipulated by the SELLER;
g) accepted payment methods and the total sales price including taxes;
h) procedures for delivery to the BUYER and additional costs such as transportation, delivery and shipping;
i) other payment, collection and delivery information and periods, information on performance and the parties' responsibilities;
j) cases where the BUYER cannot exercise the right of withdrawal or may lose that right, including failure to exercise it within the required period;
k) where a right of withdrawal exists, the conditions, period and procedure, the shipping company designated for returns and all financial matters including refund method/costs and possible deductions or offsets due to reward points earned/used;
l) the physical address, fax number or email address for withdrawal notices;
m) deposits or other financial guarantees, if any, payable/provided by the consumer at the SELLER's request and their conditions;
n) technical protection measures, if any, that may affect functionality of digital content;
o) details of special conditions for opportunities periodically offered on the Platform;
p) information known or reasonably expected to be known by the SELLER regarding hardware/software compatibility of digital content;
q) other sales terms according to their nature and information that, after electronic approval, a copy may be sent to the BUYER by email on request and may be accessible through the membership account; and
r) information that disputes may be submitted to the Consumer Court or Consumer Arbitration Committee, as applicable.
ARTICLE 5 - GENERAL PROVISIONS
GENERAL PROVISIONS
The product or products subject to the agreement shall be delivered to the BUYER or to the person/entity at the address designated by the BUYER within the period stated in the preliminary information, depending on the distance of the BUYER's residence, provided that the statutory period of 30 days is not exceeded. This period may be extended by a maximum of 10 additional days provided that the BUYER is informed in advance. If the SELLER fails to perform within this period, the BUYER may terminate the agreement. Delivery periods for products/services prepared in accordance with the BUYER's request or personal needs, and for products/services identified as “Pre-Order” or “Made to Order,” may exceed 30 days as stated in the Turkish source text.
*Exceptions set out in the agreement and applicable legislation are reserved.
**The stated period is not a delivery commitment to the customer; it refers to the period for handover by the seller to the carrier.
The SELLER sends and delivers the product to the BUYER through the shipping company. If the shipping company has no branch at the BUYER's location, the BUYER may be required to collect the product from another nearby branch specified by the SELLER.
If the BUYER does not take delivery of the product/service for any reason, the product/service shall be deemed returned by the BUYER, and all payments collected from the BUYER shall be refunded within the statutory period after deduction of delivery costs, if any.
The SELLER shall not be liable for losses or expenses arising from late or failed delivery where the BUYER or a third person designated by the BUYER is not present at the address at the time of delivery.
Unless otherwise provided, delivery costs for the product/service belong to the BUYER. If the SELLER states on the Platform that delivery charges will be covered by the SELLER, such delivery costs shall be borne by the SELLER.
The BUYER shall inspect the product before accepting delivery and shall not accept damaged, defective or incomplete products/services, including products that are dented, broken or have torn packaging. Products/services accepted at delivery shall be deemed undamaged and sound. After delivery, the BUYER is responsible for protecting the product with due care. If the right of withdrawal is exercised, the product/service must not be used and must be returned together with the invoice and all other documents delivered to the BUYER, such as warranty documents and user manuals, where applicable.
The BUYER is obliged to pay the price subject to the agreement. If that price is not paid for any reason and/or the payment is cancelled in bank records, the SELLER's obligation to deliver the product/service and its other obligations arising from the agreement shall cease. The BUYER acknowledges that the SELLER bears no liability for payments made to the SELLER by the bank despite a failed transaction code being issued by the bank.
If the product is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if that person/entity refuses delivery.
The SELLER is responsible for delivering the product sound, complete, in conformity with the qualities specified in the order and, where applicable, together with warranty documents and user manuals.
Delivery is conditional upon electronic approval/signature of the agreement and/or delivery of a signed copy to the SELLER, as applicable, and payment of the price using the payment method chosen by the BUYER.
If, after delivery, the bank or financial institution does not pay the product price to the SELLER because the BUYER's credit card has been used unlawfully by unauthorized persons through no fault of the BUYER, the product must be sent to the SELLER within 3 days, provided it has been delivered to the BUYER. In such case, transportation costs belong to the BUYER.
If the SELLER cannot deliver the product within the stated period due to force majeure or extraordinary circumstances that prevent transportation, such as adverse weather or interruption of transportation, the SELLER must inform the BUYER. The BUYER may request cancellation of the order, replacement with an equivalent product where available, and/or postponement of delivery until the preventing circumstance ceases. Where the BUYER cancels the order, the amount paid shall be refunded in accordance with the period stated in the Turkish source text.
If any delivered product is defective or spoiled, it may be sent to the SELLER.
Where a refund is due to the BUYER and the original payment was made by credit card, the BUYER acknowledges that the time required for the bank to reflect the amount refunded by the SELLER to the BUYER's account may take approximately 2 to 3 weeks, that this period is entirely related to the bank's processing procedures after the SELLER issues the refund, and that the SELLER cannot be held responsible for delays attributable to the bank.
If the BUYER and the holder of the credit card used for the order are not the same person, or if a security concern relating to the card is identified before delivery, the SELLER may request identity/contact information for the cardholder, the previous month's statement for the card used, or a bank letter confirming card ownership. The order may be put on hold until the requested documents are provided, and the SELLER may cancel the order if the request is not satisfied within the period stated in the Turkish source text.
If an unordered product/service is sent, no right may be asserted against the BUYER. The BUYER's silence or use of such product/service shall not be interpreted as acceptance establishing an agreement.
Limits may be imposed on the quantities of products/services that the BUYER may order through announcements on the Platform. Orders exceeding stated quantity limits may be prevented or cancelled, and payments collected for cancelled quantities, including applicable delivery costs, shall be refunded within the statutory period. By placing the order, the BUYER acknowledges these quantity limitations.
The BUYER may submit requests, complaints and suggestions as a consumer using the SELLER's contact information and/or the channels provided by the Platform, including https://www.rawsome.com.tr/pages/bize-ulasin.
ARTICLE 6 - RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
The BUYER has a right of withdrawal within 14 (fourteen) days from delivery of the product to the BUYER or to the person/entity at the designated address. To exercise the right of withdrawal, the BUYER must notify the SELLER by email or telephone within this period and the product must not have been used contrary to the conditions stated in the relevant provisions. Where this right is exercised, the original invoice and a copy of the shipping delivery/return document showing that the product delivered to the BUYER or a third person has been sent to the SELLER must be returned. Refund timing shall follow the periods stated in the Turkish source text and applicable legislation. If the BUYER requested a corporate invoice, the BUYER must issue a return invoice for the returned product/service or, where possible, reject the commercial invoice in its own system within the relevant period.
The SELLER is responsible for refunding the amounts collected, together with applicable delivery costs, within the periods set out in the Turkish source text in cases where the BUYER exercises the right of withdrawal before or after delivery, or terminates the agreement because the order has not been delivered within the statutory period. For card payments, where the consumer requests cancellation because the card was used unlawfully and without consent, the card issuer's refund obligations shall be governed by the applicable rules stated in the source text.
Notices of withdrawal and other notices relating to the agreement must be made in accordance with applicable legislation and within the required periods through the SELLER's contact channels stated on the Platform. Contact channels are available at https://www.rawsome.com.tr/pages/bize-ulasin.
When the right of withdrawal is exercised, the BUYER shall return the product to the SELLER through the shipping company within 14 (fourteen) days after exercising the right. The product box, packaging, standard accessories (if any) and any products supplied as gifts with the product must be returned complete and undamaged.
Amounts subject to the agreement are refunded to the BUYER using the BUYER's payment method within the period specified in the Turkish source text and applicable legislation.
The BUYER shall send the returned product/service to the SELLER using the SELLER's shipping company specified in the Preliminary Information Form. Return shipping costs are allocated as stated in the Turkish source text.
The BUYER must exercise the right of withdrawal within the time and procedure stated in this article; otherwise the right may be lost. By completing the order, the BUYER is deemed to have accepted the conditions of the agreement.
Unless otherwise agreed by the parties, the right of withdrawal cannot be exercised for the following contracts, as stated in the Turkish source text:
a) Goods or services whose prices change depending on fluctuations in financial markets and are outside the seller's/provider's control.
b) Goods prepared in accordance with the consumer's wishes or personal needs.
c) Goods that may deteriorate rapidly or whose expiration date may pass.
d) Goods whose protective elements such as packaging, tape, seal or package have been opened after delivery and whose return is unsuitable for health or hygiene reasons.
e) Goods which, after delivery, become mixed with other products and cannot by their nature be separated.
f) Books, digital content and computer consumables supplied on a tangible medium where protective packaging, tape, seal or package has been opened after delivery.
g) Periodical publications such as newspapers and magazines, other than those supplied under a subscription agreement.
h) Contracts relating to accommodation, transportation of goods, vehicle rental, supply of food and beverages, and leisure activities for entertainment or recreation that must be performed on a specific date or during a specific period.
i) Services performed instantly in electronic media or intangible goods delivered instantly to the consumer.
j) Services whose performance begins with the consumer's approval before the expiry of the withdrawal period.
ARTICLE 7 - RESOLUTION OF DISPUTES
For implementation of this Agreement, Consumer Arbitration Committees and Consumer Courts at the place where the BUYER purchases the product/service and where the BUYER resides shall have jurisdiction in accordance with the monetary thresholds announced by the competent Ministry.
ARTICLE 8 - NOTICES AND EVIDENCE AGREEMENT
8.1 - All correspondence between the parties under the Agreement shall be made in writing, except in cases where another form is mandatorily required by legislation.
8.2 - The BUYER acknowledges, represents and undertakes that, in disputes arising from the Agreement, the SELLER's commercial books, computer records and other records/documents shall constitute binding, conclusive and exclusive evidence, and that this provision constitutes an evidence agreement within the meaning of Article 193 of the Turkish Code of Civil Procedure, as stated in the Turkish source text.
ARTICLE 9 - EFFECTIVE DATE
This Agreement, consisting of nine (9) articles, is concluded and enters into force when it has been read by the parties and electronically approved by the BUYER on the transaction date. A copy is available in the BUYER's membership account and may also be sent by email upon request.
