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Distance Selling Contract

1. PARTIES

This Distance Selling Contract (“Contract”) is concluded electronically between the ("BUYER") and the ("SELLER"), whose addresses are specified below, under the following terms and conditions:

1.1. SELLER INFORMATION:
Title: Hunny Gıda Tarım Üretim ve Ticaret A.Ş.
Address: Tarabya Mah. Şehit Öğretmen Şenay Aybüke Yalçın Sk. Nurol Sitesi C2-7 Blok No:8 Y İç Kapı No:5 Sarıyer / Istanbul
Tax Office: Sarıyer Tax Office
Tax No: 4642060447
Mersis No: 0464206044700001
Phone: +90 530 762 7366
E-mail Address: [email protected]
Business Address: Derbent Mah. Derbent/13 Sk. No:27 İç Kapı No:1 İznik - Bursa / Turkey
Food Business Registration No: TR-16-K-064334

1.2. BUYER INFORMATION:
Name/Surname:
Address:
Phone:

2. SUBJECT OF THE CONTRACT

This Contract has been drawn up in accordance with the Law No. 6502 on the Protection of the Consumer ("Law") and the Regulation on Distance Contracts ("Regulation"). The parties to this Contract accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Regulation under this Contract.

The subject of this Contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation regarding the sale and delivery of the goods or services ("Product") with the qualifications specified in the Contract, which the BUYER has ordered electronically for the purchase of goods or services over the website with the domain name www.house-of-hunny.com ("Website").

After the BUYER approves this Contract on the Website, the price and expenses of the Product(s) ordered will be collected using the payment method chosen by the BUYER.

3. BASIC CHARACTERISTICS, PRICE AND DELIVERY TERMS OF THE CONTRACT PRODUCT

The type, quantity, brand/model, color, number, sales price, and payment method of the Product(s) are specified below:

PRODUCT NAME: {PRODUCT NAME}
ORDER QUANTITY: {ORDER QUANTITY}
SALES PRICE: {SALES PRICE}-TL (VAT included)
SHIPPING FEE: {SHIPPING FEE}-TL
TOTAL AMOUNT TO BE PAID INCLUDING TAXES: {TOTAL AMOUNT TO BE PAID}-TL
PAYMENT METHOD: {PAYMENT METHOD}
DELIVERY ADDRESS: {DELIVERY ADDRESS}
PERSON TO BE DELIVERED TO: {PERSON TO BE DELIVERED TO}
INVOICE ADDRESS: {INVOICE ADDRESS}

Detailed information such as storage conditions/nutritional value/allergen warning/care instructions/warranty period according to the nature of the product is available on the relevant product page on our website.

4. GENERAL PROVISIONS

4.1. The BUYER accepts and confirms that, before the establishment of this Contract, they have read and been informed about all preliminary information regarding the product subject to sale, including the basic characteristics of the product subject to the contract, the sales price including VAT, payment method, delivery, etc., on the website of the SELLER at www.house-of-hunny.com, and that they have purchased the product subject to the contract in an electronic environment after confirming the relevant Preliminary Information Form electronically.

4.2. The SELLER is obliged to deliver the goods to the BUYER in accordance with the sales contract. Provided that the regulation regarding "delivery of the Product within 30 days" specified in the Regulation on Distance Contracts is complied with, the product/products subject to the contract shall be delivered to the person/organization at the address notified by the BUYER within the delivery period explained under the delivery and return heading on the Preliminary Information Form and the website, depending on the distance of the BUYER's delivery address to the SELLER for each product.

4.3. The SELLER shall be deemed to have duly fulfilled its delivery obligation upon delivery to the person specified by the BUYER as the person to be delivered to above, or to the person present at the delivery address at the time of delivery. If the product/products subject to the contract are to be delivered to another person or organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the delivery by the person or organization to be delivered to. In addition, the BUYER declares that they will accept the delivery made to the address they have notified and to the person present at this address during the delivery as made to themselves. If there is no one at the address to take delivery, it is the BUYER's responsibility to follow the shipment of the Product by contacting the cargo company. In these cases, all damages arising from the late receipt 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.

4.4. Unless there is a contrary provision, the delivery costs of the Product belong to the BUYER. If the SELLER has declared on the Website that the delivery fee will be covered by the SELLER if certain conditions are met, the delivery costs will belong to the SELLER.

4.5. If the SELLER cannot deliver the product subject to the contract within 30 (thirty) days due to stock depletion, similar commercial impossibilities, unexpected situations, force majeure, or extraordinary situations such as weather conditions preventing transportation or interruption of transportation, it is obliged to notify the BUYER of the situation. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with its equivalent, if any, and/or to postpone the delivery time until the preventative situation disappears.

4.6. Unless otherwise stipulated in writing by the SELLER, the BUYER must have fully paid the price of the Product before receiving the Product. If, for any reason, the price of the goods or services is not paid by the BUYER or the payment made is canceled in bank records, the SELLER may unilaterally cancel the Contract and may not deliver the Product.

4.7. If the non-payment of the Product price is caused by a fault or negligence of the BUYER, the shipping costs will be covered by the BUYER. Without accepting the return, all other contractual-legal rights of the SELLER, including the follow-up of the Product price receivable, are strictly reserved. For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, installment card, etc., provided by banks (including financing institutions), all facilities provided by these cards are credit and/or installment payment facilities provided directly by the institution issuing the card; product sales realized within this framework and for which the SELLER collects the price at once or in installments are not credit or installment sales for the parties to this Contract, but are cash sales. The SELLER's legal rights in cases legally considered as installment sales (including the right to terminate the contract in case of non-payment of installments and/or to demand the payment of the entire remaining debt together with default interest) are available and reserved within the framework of the relevant legislation. In case of BUYER's default, a monthly default interest will be applied as prescribed by applicable laws.

4.8. If the relevant bank or financial institution does not pay the product price to the SELLER after the delivery of the product due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons in a way not caused by the BUYER's fault, it is mandatory to send the product back to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. In this case, shipping costs belong to the BUYER.

4.9. Defective goods are products that are contrary to the contract because they do not conform to the sample or model agreed upon by the parties at the time of delivery to the consumer or do not have the features that they should objectively have. Products that do not carry one or more of the features included in their packaging, labels, introduction and user manuals, internet portals or advertisements and announcements; that are contrary to the quality declared by the SELLER or determined in its technical regulation; that do not meet the purpose of use of equivalent goods, that reduce or eliminate the benefits reasonably expected by the consumer, and that contain material, legal or economic deficiencies are also considered defective.

4.10. During the delivery of the product from the carrier to the BUYER, the BUYER must inspect the product. In the presence of a visible defect in the product, the product should not be received and should be sent back to the SELLER; otherwise, the product will be deemed to have been accepted in its current state. If there is a defect in the product that cannot be revealed by an ordinary review, and if this defect is discovered later, the SELLER must be notified immediately; if not notified, the product will be deemed to have been accepted with this defect.

4.11. If the payment is made with a credit card or a similar payment card, the BUYER may request the cancellation of the payment transaction on the grounds that the card was used against their consent and unlawfully. In this case, the institution issuing the card is obliged to return the payment amount to the BUYER in a single transaction from the notification of the objection to it.

4.12. If the BUYER has a complaint regarding their order and/or the product subject to their order and/or any matter related to the order, they can submit their complaint to the SELLER via the contact information stated above or the contact information stated on the internet site www.house-of-hunny.com. Complaint applications submitted by the BUYER will be immediately recorded, evaluated by authorized units, tried to be resolved, and a return will be provided to the BUYER as soon as possible.

4.13. All taxes, including VAT, arising from product sales belong to the BUYER.

4.14. If the BUYER is not a consumer, is a legal entity, or if the BUYER purchases a Product for commercial or professional purposes, the BUYER will not be able to benefit from the rights under the Law, especially the right of withdrawal. Bulk purchases are considered of this nature in any case. Furthermore, in cases where the BUYER is a merchant, as required by tax legislation, in addition to the cases where a return invoice must be issued legally by the BUYER, the section related to the return on the invoice to be returned with the Product will be filled in and signed. Order returns issued on behalf of legal entities will not be accepted unless a return invoice is issued.

5. RIGHT OF WITHDRAWAL

5.1. The BUYER has the right to withdraw from the contract within fourteen days without giving any reason and without paying penal conditions. This period begins on the day the product is delivered to the BUYER or the person designated by the BUYER to take delivery. For processes regarding withdrawal notification, the terms specified in the Preliminary Information Form are valid. Within 14 (fourteen) days from the date the BUYER directs the notification of the use of the right of withdrawal, they shall send the product to the address notified by the SELLER. In case the right of withdrawal is exercised before the delivery of the goods, the SELLER is obliged to return all payments collected, including the delivery costs of the goods to the BUYER, if any, within fourteen days from the date on which the notification that the right of withdrawal has been exercised is received by it.

5.2. Exceptions to the right of withdrawal
The right of withdrawal cannot be exercised in the purchase of the following goods or services:

  • 5.2.1. Goods or services whose prices vary depending on fluctuations in the financial markets and are not under the control of the seller or provider,
  • 5.2.2. Goods prepared in line with the consumer's wishes or personal needs,
  • 5.2.3. Goods that can spoil quickly, whose expiration or recommended consumption dates may pass,
  • 5.2.4. From goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable in terms of health and hygiene,
  • 5.2.5. Goods that mix with other products after delivery and cannot be separated by their nature,
  • 5.2.6. Books, digital content, and computer consumables offered in tangible media if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods,
  • 5.2.7. Services whose performance is started with the consumer's approval before the expiration of the right of withdrawal period,
  • 5.2.8. Goods whose installation or assembly is carried out, from the goods stated to be installed or assembled by the seller or authorized service in the introduction and user manual.

THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED IN FOOD PRODUCTS. AS OUR PRODUCTS IN THE HONEY CATEGORY ARE GOODS THAT CAN SPOIL AND WHOSE EXPIRATION OR RECOMMENDED CONSUMPTION DATE MAY PASS, THE BUYER DOES NOT HAVE THE RIGHT OF WITHDRAWAL.

5.3. Method of Exercising the Right of Withdrawal
The product must be sent to the address notified by the SELLER within fourteen days from the date of the withdrawal notification. Otherwise, your right of withdrawal will expire.
The method of exercising the right of withdrawal is specified in the Preliminary Information Form. Only returns made with the cargo company determined by the SELLER are free of charge. The BUYER must ensure that the returned products comply with the return conditions. The returned shipment must include the returned product, invoice, packaging, labels, and gifts sent with the product, if any.

6. PROTECTION OF PERSONAL DATA

6.1. The SELLER's privacy policy is available on the website www.house-of-hunny.com, and the SELLER has taken necessary precautions on the website and the relevant system infrastructure according to the nature of the information and transaction to the extent of today's technical possibilities. However, since the information is entered from the BUYER's device, the responsibility of taking necessary precautions, including those related to viruses and similar harmful applications, for their protection and to prevent access by unauthorized persons on the BUYER's side belongs to the BUYER.

6.2. Pursuant to this Distance Selling Contract, the identity information (name, surname), contact information, address information, invoice information, customer transaction information of the BUYER will be processed by the SELLER and the SELLER's suppliers (e.g., cargo company) within the scope of the performance of the contract. The BUYER is the relevant person in accordance with the Law on the Protection of Personal Data No. 6698 and must primarily apply to the SELLER, who is the data controller, to exercise their rights regarding personal data. The BUYER, who is the relevant person, has the rights to learn whether their personal data is processed, to request information if their personal data has been processed, to learn the purpose of processing their personal data and whether they are used appropriately for their purpose, to know the third parties to whom personal data is transferred domestically or abroad, to request correction of personal data if it is processed incompletely or incorrectly, to request the deletion or destruction of their personal data if the reasons requiring their processing disappear, to object to the emergence of a result against themselves by analyzing the processed data exclusively through automated systems, and to request the elimination of the damage in case they suffer damage due to the unlawful processing of personal data. The BUYER can exercise these rights by applying to the SELLER's address stated in the contract with the title of the relevant person. The clarification regarding these rights of the BUYER was made prior to the approval of the Distance Selling Contract, and the BUYER accepts that they have read the relevant clarification text.

6.3. If the BUYER requests the delivery of the product to a third party, the obligation to provide clarification regarding the sharing of the third party's data with the SELLER lies with the BUYER. The BUYER accepts and commits that they have provided the necessary clarification; the SELLER accepts no responsibility in this regard.

7. DISPUTE RESOLUTION

In case of a dispute between the parties, mutual negotiation and good faith are primarily essential. It is also desired to resolve the dispute with good relations through mediation meetings.

In disputes that may arise regarding the distance selling contract, Consumer Arbitration Committees and Consumer Courts in the place of the SELLER's legal address, the BUYER's residence, or the place where the service is purchased are authorized within the monetary limits determined by the Ministry of Customs and Trade every year in December in accordance with the Law on the Protection of Consumers No. 6502. In disputes heard in consumer courts, it is a condition of litigation that a mediator has been applied to before filing a lawsuit. For this reason, it is necessary to apply to mediation before filing a lawsuit.

8. OTHER MATTERS AND EFFECTIVENESS

8.1. The BUYER can always access the Preliminary Information Form and this Distance Selling Contract via the SELLER's website. Furthermore, these texts are forwarded to the BUYER by the SELLER via email upon order.

8.2. For matters not regulated in the contract, the provisions of the Law on the Protection of the Consumer No. 6052 apply.

8.3. This Contract will bear provisions and results from the moment the payment is made by being approved by the BUYER on the internet address www.house-of-hunny.com. This contract has been read and accepted by the parties electronically.


SELLER: Hunny Gıda Tarım Üretim ve Ticaret A.Ş.

BUYER: