PRELIMINARY INFORMATION FORM
1. PARTIES
This Preliminary Information Form has been prepared to inform the Buyer within the scope of the Distance Sales Agreement ("Agreement") to be concluded between Metamorfoz Tarım Anonim Şirketi ("Seller"), located at Maslak Mah. Ahi Evran Cad. Olive Plaza No:11/2 Sarıyer/İstanbul, and the internet user ("Buyer") who makes purchases by using the services offered through the website with the domain name https://oliveoriental.com/.
The Seller and the Buyer will be referred to individually as "Party" and together as "Parties".
2. DEFINITIONS
In the application and interpretation of this Preliminary Information Form, the terms written below shall have the meanings indicated opposite them.
Privacy Policy and Clarification Text Regarding the Protection of Personal Data: This refers to the privacy policy and clarification text regarding the processing of personal data prepared by the Seller on the Site in accordance with the Law No. 6698 on the Protection of Personal Data and related legislation, for the purpose of informing the Buyer about the personal data processed within the scope of membership/purchase processes and Site use carried out through the Site.
Site: This refers to the internet site with the domain name https://oliveoriental.com/ belonging to the Seller,
Law: This refers to the Law No. 6502 on the Protection of Consumers,
Product(s): This refers to the products offered for sale by the Seller through the Site and ordered by the Buyer,
Membership Agreement: This refers to the agreement published on the Site and which enters into force upon electronic approval, regulating the procedures and conditions regarding the use of the Site, the creation of the membership account, and the use of services offered within the scope of membership, in case the Buyer becomes a member of the Site.
Regulation: refers to the Regulation on Distance Contracts.
3. SELLER INFORMATION
Trade Name: Metamorfoz Tarım Anonim Şirketi
Address: Maslak Mah. Ahi Evran Cad. Olive Plaza No:11/2 Sarıyer/İstanbul
Tax No: 6191300666
E-mail Address: info@oliveoriental.com
Website: https://oliveoriental.com/
Telefon: 0532-366 5483
4. TOPIC
This Preliminary Information Form has been prepared to inform the Buyer, in accordance with the provisions of the Law, Regulation and relevant legislation, about the essential characteristics of the Products subject to the order planned to be placed electronically by the Buyer through the Seller's Site at https://oliveoriental.com/, the sales price, payment and delivery conditions, the right of withdrawal and other related matters, before the conclusion of the Contract.
5. SUBJECT OF THE AGREEMENT: PRODUCT(S) / PRODUCT INFORMATION / PRICE AND PAYMENT
5.1. The basic characteristics of the Product(s) (type, quantity, brand/model, color, number) are published on the Seller's Site. If the Seller has organized a campaign, the basic characteristics of the relevant product can be reviewed during the campaign period. Campaign prices are subject to the conditions announced by the Seller on the Site and are valid for the duration of the specified campaign. The determination of the campaign terms and duration is at the sole and exclusive discretion of the Seller.
5.2. The prices published on the Site are the sales price including VAT. Published prices are valid until updated and changed by the Seller. In the case of prices published for a limited time, the published prices are valid only for the specified period and until the end of that period.
5.3. The total sales price of the Product(s), including all taxes (VAT and other relevant legal obligations), is shown in Turkish Lira or the relevant currency on the order screen.
5.4. Payment methods (credit card, installment options, virtual POS, etc.) and their terms and conditions are shown in detail during the payment step of the ordering process. If installment options are offered, the total number of installments, installment amounts, and any additional bank-specific costs are the responsibility of the respective bank.
6. GENERAL PROVISIONS
6.1. The Buyer acknowledges, declares, and undertakes that they have read and informed themselves of the preliminary information regarding the essential characteristics, sale price inclusive of taxes, payment method, and delivery of the Product(s) subject to the Contract on the Seller's Site, and has provided the necessary confirmation electronically. The Buyer acknowledges, declares, and undertakes that by confirming the preliminary information electronically, they have accurately and completely acquired the address to be provided by the Seller to the Buyer prior to the establishment of the Contract, the essential characteristics of the ordered products, the price of the products inclusive of taxes, and the payment and delivery information.
6.2. Each Product subject to the Contract shall be delivered to the Buyer or the person and/or entity at the designated address within the period specified in the preliminary information section 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) cannot be delivered to the Buyer within this period, the Buyer reserves the right to terminate the Contract.
6.3. The Seller acknowledges, declares, and undertakes to deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order, and with the information and documents required for the business, if any; to perform the work free from any defects, in a robust and standardized manner in accordance with the requirements of the legislation, within the principles of integrity and honesty; to maintain and raise the service quality; to show the necessary attention and care during the performance of the work; and to act with prudence and foresight.
6.4. Unless otherwise provided in writing by the Seller, 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).
6.5. 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.
6.6. 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.
6.7. 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.
6.8. 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.
6.9. 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.
6.10. The product amount 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.
6.11. 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.
6.12. 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 3 of the Preliminary Information Form.
6.13. 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.
6.14. 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.
6.15. 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.
6.16. 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.
6.17. 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.
6.18. 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.
6.19. 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.
7. PRIVACY AND PERSONAL DATA
7.1. The Privacy Policy and the Clarification Text on the Protection of Personal Data apply to the protection, confidentiality, processing, use of information, communications, and other matters on the Site. Personal data belonging to the Buyer is processed in accordance with the provisions of the Law No. 6698 on the Protection of Personal Data and related legislation for the purposes of carrying out order processes, delivering products, performing payment transactions, and fulfilling obligations arising from legislation. Detailed information regarding the processing of personal data can be accessed through the Privacy Policy and the Clarification Text on the Protection of Personal Data on the Site.
7.2. The Buyer acknowledges, declares, and undertakes that it is obliged to ensure that the personal data it provides to the Seller under this Agreement is accurate, complete, accurate, and up-to-date; and that it is responsible for taking all necessary technical and administrative measures, including viruses and similar harmful software, to prevent the sharing of said data with third parties, to protect it against unauthorized access, and to ensure the security of personal data. The Buyer accepts that it is personally responsible for any damages that may arise due to a breach of these obligations and for any claims that may be made by third parties.
7.3. All intellectual and industrial property rights related to the visuals, designs, information, descriptions, and content found on and belonging to the Site, as well as their partial or complete use, modification, or revision, belong exclusively to the Company, except for those explicitly stated to belong to third parties in accordance with agreements made with the Seller.
8. RIGHT OF WITHDRAWAL
8.1. If the Contract relates to the sale of the Product, the Buyer may exercise the right to withdraw from the Contract by rejecting the Product within 14 (fourteen) days from the date of delivery of the Product to himself or to the person/entity at the address indicated, without incurring any legal or criminal liability and without giving any reason, provided that he notifies the Seller.
8.2. To exercise the right of withdrawal, it is necessary to notify the Seller in writing by registered mail, fax or e-mail within the 14 (fourteen) day period and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions set forth in this Preliminary Information Form. If this right is exercised,
(i) the invoice of the product delivered to the third party or the Buyer,
(ii) the return form,
(iii) the product to be returned must be delivered complete and undamaged, together with its box, packaging, and standard accessories, if any.
8.3. If the right of withdrawal is exercised properly, the Seller is obligated to refund all amounts collected, including any delivery costs, within 14 (fourteen) days from the date the Consumer delivers the Product to the carrier. However, if the Consumer chooses a carrier other than the one designated for the return, the return obligation begins from the date the Product actually reaches the Seller. After the returned Product reaches the Seller's return warehouse, the necessary checks are carried out; if it is determined that the product is unopened and complies with the return conditions, the refund is initiated through the relevant bank.
8.4. If the value of the Product decreases or return becomes impossible due to a fault of the Buyer, the Buyer is obligated to compensate the Seller for the damages in proportion to their fault. However, the Buyer is not responsible for changes or deteriorations to the Product or those caused by its proper use within the withdrawal period.
8.5. If the amount falls below the campaign limit set by the Seller due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.
9. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
9.1. The right of withdrawal cannot be exercised for the following contracts, in accordance with the relevant article of the Regulation: contracts for goods prepared according to the consumer's requests or personal needs; contracts for the delivery of perishable goods or goods whose expiration date may pass; contracts for goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery; contracts for the delivery of goods whose return is not suitable for health and hygiene reasons; contracts for goods that are mixed with other products after delivery and whose separation is not possible by nature; and contracts for services whose performance has begun with the consumer's consent before the expiration of the withdrawal period.
9.2. 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 the Buyer requests a withdrawal or return and the request is accepted, the right of withdrawal cannot be exercised for Product(s) whose return is not suitable for health and hygiene reasons if their protective packaging has been opened, such as food products, within the scope of Article 15 of the Regulation.
10. RESOLUTION OF DISPUTES, EVIDENCE AND COMPETENT COURT
10.1. Turkish Law shall apply to any disputes that may arise from the implementation or interpretation of this Contract.
10.2. In the resolution of any disputes that may arise from this Contract and/or its implementation, the computer, system, transaction, communication, and other similar records of the Seller shall be taken into consideration as evidence.
10.3. In disputes arising from this Contract, the Consumer Arbitration Committees or Consumer Courts located in the place of the consumer's residence or where the consumer transaction was carried out shall be authorized within the monetary limits declared annually by the Ministry of Commerce.
11. ENFORCEMENT
11.1. When the Buyer completes the payment for the order placed on the Site, they shall be deemed to have accepted all the terms and conditions of this Preliminary Information Form and Contract.
11.2. The Buyer declares, acknowledges, and undertakes that they have read all the terms and explanations set forth in this Contract and all its integral annexes, received, reviewed, and fully accepted the sales conditions and all other preliminary information.
11.3. Upon the Buyer's electronic approval of this Preliminary Information Form and Contract, the contract shall be established between the Buyer and the Seller.
11.4. The text of this Preliminary Information Form and Contract shall be stored by the Seller after the establishment of the contract, and a copy will be sent to the Buyer's e-mail address via e-mail.