DISTANCE SALES AGREEMENT

1. PARTIES

This Distance Sales Agreement (“Agreement”) is signed and entered into force between Metamorfoz Tarım Anonim Şirketi (“Seller”), headquartered at Maslak Mah. Ahi Evran Cad. Olive Plaza No:11/2 Sarıyer/İstanbul, and the internet user (“Buyer”) who makes purchases using the services offered through the website with the domain name https://oliveoriental.com/ (“Site”), under the following terms and conditions.

The Seller and the Buyer will be referred to individually as “Party” and collectively as “Parties”.

2. DEFINITIONS

The following terms are defined as follows:

Law: Law No. 6502 on Consumer Protection,
Product(s): Products offered for sale by the Seller through the Site and ordered by the Buyer,
Site: The Seller's website with the domain name https://oliveoriental.com/,
Regulation: Regulation on Distance Contracts,

3. TOPIC

The subject of this Agreement is the sale and delivery of the Product(s) specified below, ordered electronically by the Buyer through the Seller's Website, and the regulation of the rights and obligations of the parties in accordance with the Law, Regulation and relevant legislation.

4. INFORMATION OF THE PARTIES

1. SELLER INFORMATION
Trade Name: Metamorfoz Tarım Anonim Şirketi

Tax Number: 6191300666

Email Address: info@oliveoriental.com

Website: https://oliveoriental.com/

Phone: 0532-366 5483

Address: Maslak Mah. Ahi Evran Cad. Olive Plaza No:11/2 Sarıyer/İstanbul

2. BUYER INFORMATION
Recipient:

Delivery Address:

Phone:

Email / Username:

5. SUBJECT OF THE AGREEMENT: PRODUCT(S), PRODUCT INFORMATION, PRICE AND PAYMENT

5.1. The essential characteristics (nature, type, quantity) of the Product(s) are published on the Seller’s Site. The prices of the Product(s) are likewise displayed on the Site.

5.2. In the event that a campaign/promotion is launched on the Site by the Seller; campaign prices shall be subject to the terms announced by the Seller on the Site and shall remain valid throughout the specified campaign period. Determination of campaign terms, conditions, and duration is at the sole and exclusive discretion of the Seller.

5.3. The prices published on the Site are the sale prices inclusive of VAT (Value Added Tax). The published prices shall remain valid until they are updated or modified by the Seller. In the event that time-limited prices are published, such prices shall only be valid for the specified duration and until the expiration of that period.

5.4. The total sale price of the Product(s) subject to the Contract, including all taxes, is as follows:

Product(s) Description: ...
Shipping Amount: ...
Quantity: ...
Unit Price: ...
Subtotal (VAT Included): ...

Total: ...

Payment Method and Plan: ...

Delivery Address: ...

Recipient: ...

Billing Address: ...

Order Date: ...

Delivery Date: ...

Delivery Method: ...

5.5. The invoice will be delivered along with the order to the billing address at the time of order delivery.

6. BILLING INFORMATION

Name Surname / Title:
Address:
Phone:
Email / Username:

The invoice will be delivered to the billing address along with the order during delivery.

7. GENERAL PROVISIONS

7.1. The Buyer acknowledges, declares, and undertakes that they have reviewed and informed themselves of the essential characteristics, sale price inclusive of taxes, payment method, and delivery details of the Product(s) subject to the Contract based on the explanations published on the Site, and has provided the necessary confirmation electronically for the establishment of the sales contract.

7.2. The Product(s) subject to the Contract shall be delivered to the person and/or entity at the address designated by the Buyer within the period specified on the Site, depending on the distance of the Buyer's place of residence, provided that it does not exceed the statutory period of 30 (thirty) days. In the event that the Product(s) subject to the Contract cannot be delivered to the Buyer within the 30 (thirty) day statutory period, the Buyer reserves the right to terminate the Contract.

7.3. The Seller acknowledges, declares, and undertakes to deliver the Product(s) to the Buyer in full, in compliance with the applicable legislation, and in conformity with the specifications stated on the Site.

7.4. Unless otherwise agreed in writing, the Buyer must have paid the price in full before taking delivery of the Product(s). If the price of the Product(s) is not paid to the Seller prior to delivery, the Seller may unilaterally terminate the Contract and shall be deemed released from its obligation to deliver the Product(s).

7.5. The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining their explicit consent before the expiration of the performance obligation arising from the Contract.

7.6. If the Seller fails to fulfill its obligations under the Contract due to the impossibility of rendering the services related to the Product(s) subject to the Contract, the Seller acknowledges, declares, and undertakes that it will notify the consumer in writing within 3 (three) days from the date it learns of this situation, and will refund the total amount paid to the Buyer within a 14 (fourteen) day period.

7.7. The Buyer acknowledges, declares, and undertakes that they will confirm this Contract electronically for the delivery of the Product(s) subject to the Contract, and that the Seller’s obligation to deliver the Product(s) shall cease if, for any reason, the price of the Product(s) is not paid and/or is canceled in the bank records.

7.8. Following the delivery of the Product(s) subject to the Contract to the address designated by the Buyer, if the relevant bank or financial institution fails to pay the price of the Product(s) to the Seller due to the unfair or unauthorized use of the Buyer’s credit card by unauthorized third parties, the Buyer acknowledges, declares, and undertakes to return the Product(s) to the Seller within 3 (three) days with its protective packaging unopened, and with the shipping costs borne by the Buyer. Otherwise, the Buyer acknowledges, declares, and undertakes to pay the price of the Product(s) to the Seller immediately and in cash. If the Product(s) are to be delivered to a person/entity other than the Buyer, the Seller cannot be held responsible for the refusal of delivery by the recipient person/entity.

7.9. The Seller agrees to notify the Buyer if it cannot deliver the Product(s) subject to the Contract within the 30 (thirty) day period due to force majeure events that develop outside the will of the Parties, which are unpredictable, and which prevent and/or delay the Parties from fulfilling their obligations. The Buyer is entitled to request from the Seller the cancellation of the order, the replacement of the Product(s) subject to the Contract with a precedent, if any, and/or the postponement of the delivery period until the obstructive situation disappears. If the Buyer cancels the order, the amount paid shall be paid to them in cash and in a single lump sum within 10 days.

7.10. The amount of the Product(s) shall be refunded to the relevant bank within 14 (fourteen) days after the order is validly canceled by the Buyer in accordance with the Cancellation Conditions. Within this period, following the approval of the refund request, the refund regarding payments made by credit card shall be transmitted by the Seller to the relevant bank within 5 (five) business days at the latest.

7.11. The Seller has the right to contact the Buyer for communication, marketing, notification, and other purposes via the address, e-mail address, landline and mobile telephone lines, and/or other contact information specified by the Buyer. By accepting this Contract, the Buyer acknowledges that the Seller may engage in the aforementioned communication activities towards them.

7.12. The Buyer may notify the Seller of their requests and complaints regarding the Product(s) and the sale through the Seller's contact details specified in Article 4 of the Contract.

7.13. The Buyer must inspect the Product(s) before taking delivery; they must not accept damaged, broken, torn-packaged, or otherwise defective Product(s) from the cargo company. The Product(s) received by the Buyer shall be deemed to be in accordance with the order, undamaged, complete, correct, and intact. The obligation to protect the Product(s) with due care after delivery belongs to the Buyer. If the right of withdrawal is to be exercised, the packaging of the Product(s) must not be opened and they must not be used. The invoice must be returned.

7.14. If the Buyer and the credit card holder used during the order are not the same person, or if a security vulnerability regarding the credit card used in the order is detected prior to the delivery of the Product(s) to the Buyer, the Seller may request the Buyer to present the identification and contact details of the credit card holder, the credit card statement for the previous month, or a letter from the cardholder's bank stating that the credit card belongs to them. The order will be frozen for the period until the Buyer provides the requested information/documents, and if the said requests are not met within 24 (twenty-four) hours, the Seller is entitled to cancel the order.

7.15. The Buyer declares and undertakes that the personal and other miscellaneous information provided while subscribing to the Seller's Site is true and correct, and that they will compensate all direct and indirect damages incurred by the Seller due to the untruthfulness or inaccuracy of this information, immediately, in cash, and in a single lump sum upon the first notification of the Seller.

7.16. The Buyer agrees and undertakes to act in compliance with all relevant legal regulations and legislative provisions while using the Seller’s Site. Otherwise, all legal and criminal liabilities and damages that may arise shall belong completely and exclusively to the Buyer.

7.17. The Buyer may not use the Seller’s Site in any way or at any time to disrupt public order, violate general morality, disturb or harass others, for an unlawful purpose, or in a manner that violates the material and moral rights of others. In addition, the Buyer cannot engage in activities (such as spam, viruses, Trojan horses, etc.) or transactions that prevent or restrict others from using the services. Otherwise, all legal and criminal responsibilities, as well as all direct and indirect damages that may arise, shall belong completely and exclusively to the Buyer.

7.18. Links may be provided via the Seller's Site to other websites and/or other content that are not under the Seller's control and/or are owned and/or operated by other third parties. These links are provided solely for the purpose of facilitating navigation for the Buyer and do not constitute any guarantee or responsibility regarding the information contained in the linked website.

7.19. The Buyer, who violates one or more of the articles subject to this Contract, acknowledges and declares that they are personally and exclusively responsible, both criminally and legally, for the said violation. The Buyer shall hold the Seller harmless from the legal and criminal consequences of these violations. The Seller reserves the right to claim compensation against the Buyer due to non-compliance with this Contract and the membership agreement as a result of this violation.

8. PRIVACY AND PERSONAL DATA

8.1. The Buyer is obliged to ensure that the personal data transmitted to the Seller under the Contract is accurate, complete, thorough, and up-to-date. Necessary measures for the security of the information provided by the Buyer through the Site are taken within the infrastructure of the website on the Seller's side, depending on the content of the data and to the extent of current technical capabilities. Since the aforementioned information is entered from the Buyer's device, the responsibility for taking the necessary precautions—including those regarding viruses and similar harmful applications—to ensure that it is protected on the Buyer's side and cannot be accessed by unrelated persons belongs to the Buyer. The Buyer acknowledges that they are personally liable for any damages that may arise due to a breach of these obligations, as well as for any claims that may be directed by third parties.

8.2. In addition to and in confirmation of the clarification text provided regarding the personal data submitted by the Buyer; the Buyer's personal data acquired during their membership and purchases on the Site may be recorded, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used, and processed in other manners by the Seller, the specified entities, and their successors, either indefinitely or for a period they foresee, for the provision of various Product(s) and for all kinds of electronic and other communications intended for informational, sales, and membership purposes. The Buyer has consented and given permission for the use, transfer, and processing of their personal data within the above scope, as well as for commercial and non-commercial electronic communications and other communications to be made to them, in compliance with the legislation on the protection of personal data and electronic commerce legislation.

8.3. The Buyer acknowledges, declares, and undertakes that they will not enter personal data on the Site that does not belong to them or for which they are not authorized to use; otherwise, any liability, including criminal liability and liability for compensation, that may arise from unauthorized data sharing shall belong personally and exclusively to them within the framework of the relevant legislation.

8.4. All intellectual and industrial property rights, as well as all ownership rights regarding all visuals, designs, information, descriptions, and content available on and belonging to the Site, and their partial or complete use, belong to the Seller.

8.5. The Seller reserves the right to make any modifications it may deem necessary regarding the above matters; such modifications shall become effective from the moment they are announced by the Seller on the Site or through other appropriate methods.

9. RIGHT OF WITHDRAWAL

9.1. If the Contract relates to the sale of a product, the Buyer may exercise their right of withdrawal from the Contract by rejecting the Product within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/entity at the designated address, without assuming any legal or criminal liability and without giving any justification, provided that the Seller is notified.

9.2. In order to exercise the right of withdrawal, a written notification must be sent to the Seller within the 14 (fourteen) day period via registered mail, fax, or email, and the Product(s) must be unused within the framework of the provisions of "Product(s) for Which the Right of Withdrawal Cannot Be Exercised" regulated in this Contract. In the event that this right is exercised, it is required that:

(i) The invoice of the Product(s) delivered to the third party or to the Buyer,
(ii) The return form,
(iii) The box, packaging, and standard accessories (if any) of the Product(s) to be returned be delivered completely and undamaged.

9.3. In the event that the right of withdrawal is exercised duly, the Seller is obliged to refund all payments collected, including delivery costs (if any), within 14 (fourteen) days from the date on which the consumer delivers the Product(s) to the carrier. However, if the consumer prefers a carrier other than the carrier designated for the return, the refund obligation shall commence from the date on which the Product(s) actually reach the Seller.

9.4. Following the arrival of the returned Product(s) at the Seller's address, the necessary inspections are carried out; if it is determined that the Product(s) are unopened and comply with the return conditions, the refund process is initiated with the relevant bank. Within a 14 (fourteen) day period from the date the Product(s) are delivered to the respective cargo company for return to the Seller, and following the approval of the return request, the refund regarding payments made by credit card shall be transmitted by the Seller to the relevant bank within 5 (five) business days at the latest. The Buyer’s Bank may not reflect credit card refunds to the account within the same statement period; in this case, the Buyer must contact their bank.

9.5. If there is a decrease in the value of the Product(s) or if the return becomes impossible due to a reason arising from the Buyer's fault, the Buyer is obliged to compensate the Seller's damages in proportion to their own fault. However, the Buyer shall not be held responsible for changes and deteriorations that occur due to the proper use of the Product(s) within the right of withdrawal period.

9.6. If the campaign limit amount set by the Seller is fallen below due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign shall be canceled.

10. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

10.1. Pursuant to the relevant article of the Regulation, the right of withdrawal cannot be exercised for products subject to contracts concerning goods prepared in line with the consumer's requests or personal needs; contracts concerning goods that can rapidly deteriorate or expire; contracts concerning goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and whose return is inappropriate for health and hygiene reasons; contracts concerning goods that are mixed with other products after delivery and cannot be separated by nature; and contracts concerning services whose performance started with the consumer's consent before the expiration of the right of withdrawal period.

10.2. For food products to be returned, their protective elements such as packaging, tape, seal, or wrapping must be unopened, unused, and undamaged. Accordingly, even if a withdrawal or return request has been made by the Buyer and accepted, the right of withdrawal cannot be exercised within the scope of Article 15 of the Regulation with respect to Product(s) such as food products, whose return is not suitable for health and hygiene reasons once the protective packaging has been opened.

11. RESOLUTION OF DISPUTES, EVIDENCE AND COMPETENT COURT

11.1. Turkish Law shall apply to disputes arising from the application or interpretation of this Agreement.

11.2. In resolving disputes arising from this Agreement and/or its application, the Seller's computer, system, transaction and communication records, and other similar records shall be considered as evidence.

11.3. In disputes arising from this agreement, the Consumer Arbitration Boards or Consumer Courts located in the consumer's place of residence or where the consumer transaction took place shall have jurisdiction, within the monetary limits announced annually by the Ministry of Trade.