Distance Sales Contract

ARTICLE 1 — PARTIES 1.1 SELLER Trade name: Herbaltox Gıda Limited Şirketi MERSIS No: 0461118064300001 Tax office / Tax No: Ümraniye / 4611180643 Trade Registry No: 1072642 Address: Atatürk Mahallesi İrfan Sokak No:10/A, 34764 Ümraniye, İstanbul, TR Phone: +90 216 606 18 79 Email: info@herbaltox.com Registered electronic mail (KEP): herbaltoxgida@hs01.kep.tr Website: https://www.herbaltox.com 1.2 BUYER Name / Company: — — Address: — Phone: — Email: — Tax office / Tax or ID No (if given for the invoice): — / — The BUYER confirms that the information given with the order is accurate and up to date. The SELLER and the BUYER are together referred to as the "Parties". ARTICLE 2 — DEFINITIONS In this contract: - Law: the Turkish Law No. 6502 on Consumer Protection, - Regulation: the Turkish Distance Contracts Regulation, - Site: the SELLER's website https://www.herbaltox.com and its connected sales channels, - Product: the goods that are the subject of this contract, described with their price in Article 4, - Durable medium: any means, such as email or text message, that lets the BUYER store information addressed to them so that it can be consulted for an adequate period and reproduced unchanged, - Pre-Contractual Information Form: the form presented to the BUYER, read and confirmed by them, before this contract was concluded. ARTICLE 3 — SUBJECT OF THE CONTRACT AND SCOPE 3.1 This contract sets out the Parties' rights and obligations under the Law and the Regulation for the sale and delivery of the Product that the BUYER ordered electronically on the Site, as described with its sales price in Article 4. 3.2 The Pre-Contractual Information Form, the Return and Withdrawal Policy and the order confirmation form an integral part of this contract. Where the Pre-Contractual Information Form and this contract differ, the term more favourable to the BUYER applies. 3.3 Where the BUYER acts as a consumer, this contract is subject to the mandatory consumer-protection rules of the Law, and nothing in it may be read as limiting the BUYER's statutory rights. Where the BUYER acts for commercial or professional purposes, the rules specific to consumer law do not apply and the general rules govern. ARTICLE 4 — PRODUCTS AND PRICE Order No: — Order date: — Products (quantity, name, variant, SKU and amount): — Subtotal: — Discount: — Shipping / delivery: — VAT: — Total (including all taxes): — Currency: — 4.1 The Product's main characteristics (type, quantity, brand, model, colour, number of items and similar) are as stated on its product page on the Site and in the Pre-Contractual Information Form. 4.2 The prices above are the sales prices at the time of the order and include all taxes. Advertised prices and promises remain valid until updated or until the stated end of a campaign; in a time-limited campaign the price applies for the campaign period stated on the Site. 4.3 No charge other than those shown above is collected from the BUYER for this order. ARTICLE 5 — PAYMENT Payment method: — 5.1 Payment is made with the method the BUYER chooses from those offered on the Site. Card payments are processed by payment institutions or banks authorised under Turkish Law No. 6493; the SELLER does not store card details. 5.2 For payment in instalments, the number of instalments, any instalment charge and related terms are governed by the agreement between the BUYER and the card-issuing bank; the amount shown on the payment page becomes final when the BUYER confirms it. 5.3 For cash on delivery, the price is paid to the carrier on delivery; any cash-on-delivery service fee is shown separately in the order summary. For payment by bank transfer, the order is processed once the payment reaches the SELLER's account. 5.4 Where the BUYER's card is used without authorisation and without fault of the BUYER, Law No. 6493 and the related legislation apply. ARTICLE 6 — DELIVERY Delivery address: — Delivery method: — Digital products: A Product that is not shipped (software, licences, downloadable content and services provided electronically) is sent to the e-mail address the BUYER gave with the order once the payment is confirmed, and can also be seen on the order page on the Site; it needs no delivery address and carries no delivery charge. 6.1 A Product that is shipped is delivered to the BUYER, or to the person at the address the BUYER gave, within 30 days at the latest from the date the order reaches the SELLER. This period may not exceed the statutory maximum of 30 (thirty) days set by the Regulation. 6.2 Delivery is made by the SELLER's contracted carrier to the address the BUYER gave with the order. Delivery charges are borne by the BUYER as shown in the order summary; where the SELLER offers free delivery, the SELLER bears them. 6.3 The SELLER is responsible for loss of or damage to the Product until it is delivered to the BUYER. If the BUYER asks for shipment with a carrier other than the one the SELLER designated, the SELLER is not responsible for loss or damage after the Product is handed to that carrier. 6.4 If neither the BUYER nor the person they designated is at the delivery address, or delivery fails for reasons attributable to the BUYER, the carrier's notice is followed; if the Product is returned because it was not collected in time, the SELLER contacts the BUYER and offers redelivery or a refund. 6.5 The BUYER should check the parcel on delivery and, for crushed, torn, wet or opened parcels, have the carrier draw up a damage report. The absence of such a report does not take away the BUYER's statutory rights regarding defective goods. ARTICLE 7 — SELLER'S OBLIGATIONS 7.1 The SELLER delivers the Product intact, complete, as described in the order and together with any warranty certificate, user manual and invoice. 7.2 If the SELLER learns that delivery has become impossible, because of stock running out or for another reason, it informs the BUYER in writing or on a durable medium within 3 (three) days and refunds every payment received, delivery charges included, within fourteen days of that notice. 7.3 The SELLER may not deliver a different product in place of the ordered Product, even of equal quality and price, without the BUYER's express consent. 7.4 The SELLER keeps the information and documents relating to this contract for the period required by law and provides them to the BUYER on request. ARTICLE 8 — BUYER'S OBLIGATIONS 8.1 The BUYER confirms having read and understood the Pre-Contractual Information Form and this contract, having been informed of the Product's main characteristics, sales price, payment and delivery terms and the right of withdrawal, and having confirmed the order electronically. 8.2 The BUYER is responsible for the accuracy of the name, address, phone and email given with the order. 8.3 During the withdrawal period the BUYER uses the Product in accordance with its operation, technical specifications and instructions for use. The BUYER is not responsible for changes or deterioration resulting from such use. ARTICLE 9 — RIGHT OF WITHDRAWAL 9.1 The BUYER may withdraw from this contract within 14 days from receipt of the goods, without giving any reason and without paying any penalty. The statutory withdrawal period is fourteen days; any longer period the SELLER grants is in the BUYER's favour. 9.2 The period begins on the day the Product is delivered to the BUYER or to a third party the BUYER designated. Where several products of one order are delivered separately, it begins on the day the last product is received; for a product made up of several parts, on the day the last part is received. The BUYER may also withdraw between the conclusion of the contract and delivery. 9.3 It is sufficient that the notice of withdrawal is sent to the SELLER before the period ends. Notice may be given in writing to info@herbaltox.com, to the KEP address herbaltoxgida@hs01.kep.tr or to Atatürk Mahallesi İrfan Sokak No:10/A, 34764 Ümraniye, İstanbul, TR, or through the order or returns page on the Site. Stating the order number speeds up handling; the model withdrawal notice in the Return and Withdrawal Policy may be used. 9.4 The SELLER promptly confirms receipt of the notice of withdrawal to the BUYER on a durable medium. 9.5 If the information on the right of withdrawal in the Pre-Contractual Information Form was incomplete, the BUYER is not bound by the fourteen-day period; in any event that period ends one year after the end of the withdrawal period. ARTICLE 10 — EXCEPTIONS TO THE RIGHT OF WITHDRAWAL Under Article 15 of the Regulation, unless the Parties agree otherwise, the BUYER cannot withdraw from contracts for: a) goods or services whose price depends on fluctuations in the financial markets outside the SELLER's control, b) goods made to the BUYER's specifications or clearly personalised (made to order, personalised, made to measure or altered), c) goods that deteriorate rapidly or may pass their expiry date, d) goods whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery and which are not suitable for return for health or hygiene reasons (for example opened food products, cosmetics and personal care products), e) goods that, after delivery, are by their nature inseparably mixed with other items, f) books, digital content and computer consumables supplied on a tangible medium whose protective elements have been opened after delivery, g) periodicals such as newspapers and magazines, other than under a subscription contract, h) services performed instantly in electronic form and intangible goods delivered instantly to the BUYER, i) services whose performance has begun, with the BUYER's consent, before the withdrawal period ends, j) the other cases listed in the Regulation. Products excluded from withdrawal are also marked on their product page and in the Pre-Contractual Information Form. These exceptions do not affect the BUYER's rights under Article 12 if the Product is defective. ARTICLE 11 — EFFECTS OF WITHDRAWAL AND REFUNDS 11.1 The BUYER sends the Product back to the SELLER within 10 (ten) days of sending the notice of withdrawal, unless the SELLER has offered to collect it. Where possible the Product should be returned with its invoice, accessories, any free gifts and the user manual. 11.2 No return shipping cost is charged to the BUYER for returns made with the carrier the SELLER designated in the Return and Withdrawal Policy and the Pre-Contractual Information Form. Contracted return carrier: the carrier the seller names in its reply to the notice of withdrawal. If the SELLER has not designated a carrier for returns, no return cost may be charged to the BUYER either. If the designated carrier has no branch where the BUYER is located, the SELLER arranges collection from the BUYER at no extra cost. 11.3 The SELLER refunds every payment received, delivery charges included, within fourteen days at the latest from the day the notice of withdrawal reaches it. The refund is made in a way suited to the payment instrument the BUYER used, in one go, and without any cost or obligation to the BUYER. 11.4 Card payments are refunded to the same card; when the refund appears on the BUYER's account depends on the bank's processing. For instalment payments, the bank may reflect the refund in instalments. Cash-on-delivery and bank-transfer payments are refunded to a bank account (IBAN) in the BUYER's name that the BUYER provides. 11.5 If the BUYER withdraws from part of an order only, the refund covers the returned products, taking into account the discounts and costs attributable to them; discounts that depended on campaign conditions may be recalculated according to whether those conditions are still met after the return, and the BUYER is told so clearly. 11.6 The BUYER is liable for any diminished value of the Product resulting from use beyond its normal use, or contrary to its operation, technical specifications or instructions for use. ARTICLE 12 — DEFECTIVE GOODS AND WARRANTY 12.1 A Product is defective if, at delivery, it does not conform to the contract, its presentation or the characteristics stated on its packaging, label, advertising or listing, or lacks the characteristics in quality or quantity that the SELLER stated. 12.2 If the Product is defective, the BUYER may, under Article 11 of the Law, choose one of the following: withdraw from the contract by declaring readiness to return the Product; keep the Product and ask for a price reduction proportionate to the defect; ask for free repair at the SELLER's expense, unless this is disproportionately costly; or, where possible, ask for replacement with a defect-free equivalent. 12.3 Free repair or replacement is carried out within at most 30 (thirty) working days of the request reaching the SELLER. 12.4 Unless a longer period is set by law or agreed, claims for defects are time-barred two years after delivery of the Product, even if the defect appears later; cases where the defect was concealed by gross fault or fraud are reserved. 12.5 Products that must be sold with a warranty certificate are delivered with it; warranty claims are handled under the conditions stated in the certificate. ARTICLE 13 — PERSONAL DATA AND COMMERCIAL MESSAGES 13.1 The BUYER's personal data are processed under Turkish Law No. 6698 on the Protection of Personal Data for concluding and performing this contract, invoicing, delivery, customer service and compliance with legal obligations, as explained in the Personal Data Processing Notice and the Privacy Policy. 13.2 The SELLER may send the BUYER informational messages about the order. Commercial electronic messages containing campaigns, discounts or promotions are sent only with the BUYER's consent given under Turkish Law No. 6563 on the Regulation of Electronic Commerce; the BUYER may withdraw that consent at any time, free of charge, using the link in the message or by telling the SELLER. ARTICLE 14 — FORCE MAJEURE If obligations cannot be performed on time because of unforeseeable events beyond the Parties' control, such as natural disasters, epidemics, war, terrorism, strikes, lock-outs, fire, flood, general power or communication outages or decisions of public authorities, the affected Party informs the other without delay. If the force majeure lasts longer than 30 (thirty) days, the BUYER may terminate the contract, in which case the SELLER refunds all payments received within fourteen days. Force majeure does not take away the BUYER's right of withdrawal or other statutory rights. ARTICLE 15 — DISPUTE RESOLUTION 15.1 The BUYER may first send complaints and requests to the SELLER through the contact details in Article 1.1; the SELLER answers complaints within a reasonable time. 15.2 For disputes arising from this contract, the BUYER may apply, within the monetary limits announced each year by the Turkish Ministry of Trade, to the Consumer Arbitration Committee where the goods or services were purchased or where the BUYER resides, and, above those limits, to the Consumer Court. Before filing a case with the Consumer Court, applying to a mediator is a precondition in the cases provided for by the Law. 15.3 Applications to Consumer Arbitration Committees can also be made electronically through the Consumer Information System (TÜBİS) on the e-Government Gateway (e-Devlet). ARTICLE 16 — NOTICES All notices between the Parties are given through the email, KEP or postal addresses in Article 1. Until a change of address is notified to the other Party, a notice sent to the last known address is valid. The SELLER's records may be used as evidence in a dispute, without prejudice to the BUYER's right to prove their case by any means. ARTICLE 17 — ENTRY INTO FORCE 17.1 This contract is concluded and enters into force when the BUYER confirms the order electronically on the Site. Before confirming the order, the BUYER declares having read, understood and accepted the Pre-Contractual Information Form and this contract. 17.2 The accepted text of this contract and of the Pre-Contractual Information Form is kept with the order record and provided to the BUYER on a durable medium (by email and/or on the order page of the Site) no later than delivery of the Product. 17.3 This contract consists of 17 articles. SELLER: Herbaltox Gıda Limited Şirketi BUYER: — — Contract date: — Document version: 1 — Date: 2026-11-01