1.1. SELLER: Title: DIRKALI NATURAL GUM AND PRODUCTS IND. AND TRADE INC.

Address: Halkapinar Mah. 1203/1 Sk. No:6/212 Food Market Konak / Izmir

Website: www.birbuketlezzet.com

E-mail: info@dirkali.com

Tel. No:  0 532 672 41 66

Trade Registry No: 228419

MERSIS No: 0295122817800001

1.2. BUYER: Name Surname:

Phone:

Address:

E-mail:

IP ​​Address:

2. PRODUCTS SUBJECT TO ORDER

https://www.birbuketlezzet.com/magaza

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Distance Selling Agreement (hereinafter referred to as the ‘Agreement’) is the determination of the rights and obligations of the Parties regarding the sale and delivery of the product that the Buyer has purchased by placing an order electronically from the www.birbuketlezzet.com domain website belonging to the Seller (hereinafter referred to as the ‘Website’), which has the characteristics stated on the Website and whose sales price is specified.

3.2. The provisions of this Agreement are subject to the General Provisions of the Turkish Commercial Code No. 6102 and the Code of Obligations No. 6098, since the Parties are merchants within the scope specified in the Turkish Commercial Code No. 6102 and the subject matter of the Agreement is considered a “commercial business” even if the Parties are not merchants. The Law on the Protection of Consumers No. 6502 and the relevant secondary legislation do not apply to the subject matter of the Agreement. In this context, since the definition of “consumer” within the meaning of the provisions of the Law on the Protection of Consumers is not valid for the Buyers, the Buyers do not have the right to benefit from the rights and authorities granted to consumers under the said legislation, especially the right of withdrawal.

3.3. The Buyer accepts and declares that he/she is informed about the basic characteristics of the product subject to sale, sales price, quantity, payment method, delivery conditions and all similar information related to the product subject to sale, as well as cancellation and return conditions, that he/she confirms this information electronically with his/her own will and then orders and purchases the product.

3.4. The preliminary information form and proforma invoice on the payment page of the Website, as well as the Terms of Use and Privacy Statement, are annexes and integral parts of this Agreement.

4. RIGHTS AND LIABILITIES OF THE PARTIES

4.1. The Seller is obliged to send all products sent via the Website in full, in the form and within the delivery date specified in the description, after the payment is made in full.

4.2. The Buyer is obliged to provide all information requested from him/her, such as name, surname, company title, e-mail address, telephone, address, invoice information, in a legal, up-to-date, accurate and complete manner when becoming a member of the Website and during the order.

5. PROVISIONS RELATING TO ORDER(S)

5.1. The parties to this Agreement are the Buyer and the Seller. Within this scope, all obligations and responsibilities related to the fulfillment of this Agreement belong to the parties to the Agreement.

5.2. The Buyer must enter the information requested on the Website in order to order products offered on the website www.birbuketlezzet.com. If the Buyer places an order without being a member, the Buyer becomes a member of the Website at the end of the order by approving the Terms of Use, Privacy Policy and other necessary documents. The Buyer may terminate his/her membership at any time and without giving any reason.

5.3. The Buyer accepts in advance that the return conditions will vary depending on whether the products he/she orders are ready-made, personalized or special to an institution. In this context, the Buyer accepts in advance that he/she does not have the right to return the products if they are prepared specifically for him/her, regardless of whether the products are legal or real persons.

5.4. After the Buyer selects the product with all its qualities and completes his/her preferences, the purchase transaction is completed with the payment.

6. CANCELLATION AND RETURN CONDITIONS

6.1. As a rule, within the scope of this Agreement, since the products are prepared by removing the air and even a single drop of the product involves a high cost, it is not possible to cancel or return the products after the cap is opened.

6.2. The Buyer has the right to completely cancel the order before the purchased products are shipped. If the Buyer notifies the Seller of this cancellation request via e-mail or the ‘Customer Services’ telephone number specified on the Website in a timely manner, the product price will be refunded to the Buyer within 10 (ten) business days or, upon the Buyer’s request or approval, this amount will be kept in his/her account and used in subsequent orders, or a coupon code will be assigned to the Buyer upon his/her request and used in subsequent orders.

7. DELIVERY OF PRODUCTS AND DELIVERY METHOD

7.1. Unless otherwise stated by the Buyer in writing, the products subject to the order will be delivered to the Buyer at the address specified by the Buyer above. The Buyer accepts, declares and undertakes that the information provided regarding the delivery of its order, such as “Delivery Information” and “Buyer”, is accurate and up-to-date, and that the order can only be received by itself or the recipients it designates upon presentation of an ID.

7.2. Delivery expenses belong to the Seller.

7.3. Orders placed on Saturdays, Sundays and public holidays are deemed to have been placed on the first business day following the approval of the payment information.

8. SELLER’S RESPONSIBILITY AGAINST DEFECTS

8.1. The Buyer is responsible for checking defects during the delivery of the products it has ordered, in accordance with the Turkish Commercial Code numbered 6102.

8.2. In case of an obvious defect in the delivered products, the Buyer is obliged to notify the Seller within 3 (three) days in accordance with Article 23/c of ​​the Turkish Commercial Code No. 6102. Otherwise, the Buyer will be deemed to have accepted the delivered product in its defective condition in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

8.3. The Buyer is obliged to inspect and control (inspect and/or have the product inspected) against any defects that are not clearly apparent (hidden) in the products delivered to it and to immediately notify the Seller if a defect is detected/has been detected in the products within 8 (eight) days from the date of delivery. Otherwise, the Buyer will be deemed to have accepted the delivered product in its defective condition in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

8.4. The Buyer is obliged to send the product to the Seller in full and complete form by creating a return request via the Website with the defect notification. In order for the Buyer to return the delivered product for any reason; the product must be kept in its original packaging, returned with all packaging materials, without any physical damage. In addition, all originals and copies of the delivery note and invoice must be sent with the products.

8.5. If there is any abnormal situation such as damage, crushing, or wetness that can be noticed without opening the package, other than damage caused by the carrier making the delivery; the Buyer must request the delivery officer to prepare a report.

8.6. The Seller, after the notification made in accordance with the procedure and the delivery of the product to the Seller, performs the necessary checks; If the Buyer is right in his statements, the Seller replaces the product and delivers it to the Buyer with all expenses covered by the Buyer. The Buyer may also request a refund if he wishes. In this case, the refund will be made within 10 (ten) business days.

8.7. In case of product return, the provisions of Tax Procedure Law No. 213 and related legislation are reserved and the Buyer and Seller are obliged to comply with the specified provisions.

9. PROVISIONS RELATING TO PRICES:

9.1. The price of the products ordered by the Buyer from the Website is specified on the Website and in the invoice sent to the Buyer.

9.2. If the Buyer makes a purchase with a credit card and in installments, the installment method selected by the Buyer from the Website is valid. In installment transactions, the relevant provisions of the contract in force between the Buyer and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the Buyer and the Seller has no obligation regarding this matter.

10. FORCE MAJEURE

10.1. Situations that do not exist at the time the Contract is concluded and develop beyond the control of the Seller, and which make it impossible for the Seller to partially or completely fulfill its obligations and responsibilities undertaken under the Contract or to fulfill them on time, are considered force majeure (all kinds of natural disasters, war, terrorism, riots, changes in legislative provisions, seizures, strikes, lockouts, significant malfunctions in production and communication facilities, widespread and/or continuous power and/or internet outages, etc.).

10.2. In the event of Force Majeure, the Seller may unilaterally refrain from fulfilling the obligations it has undertaken under this Contract without compensation by refunding the amount paid.

10.3. If the force majeure lasts more than 45 (forty-five) days, the Buyer may terminate this Contract and request the refund of the amount paid.

11. STAMP DUTY

11.1. This Agreement is not subject to stamp duty pursuant to Article 6/4 of the Stamp Duty Law General Communiqué (Serial No: 60) published in the Official Gazette dated 29.09.2016 and numbered 29842.

12. APPLICABLE LAW AND AUTHORIZED JURISDICTION

12.1 The Buyer irrevocably accepts, declares and undertakes that the Seller’s commercial books, records and documents, computer, fax records, microfilms, e-mail correspondences shall be deemed conclusive evidence in accordance with Article 193 of the Code of Civil Procedure No. 6100 in all kinds of disputes arising/that may arise between the Parties.

12.2. This Agreement has been drawn up and approved electronically between the Parties before the Buyer makes payment; In this context, this Agreement replaces the written agreement between the Parties and is an electronic document in accordance with the Code of Civil Procedure No. 6100.

12.3. Izmir Courts and Enforcement Offices are authorized and authorized to resolve any disputes arising from this Agreement, and the law of the Republic of Turkey will be applied in resolving any disputes.