Distance Sales Agreement

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the products/services (“Product/Products”) specified below, which the BUYER (Consumer) wishes to purchase by placing an order on the electronic commerce website (“WEBSITE”) at https://www.smyrnapet.com/ belonging to the SELLER, including cases where the transaction is made via an application on the BUYER’s mobile device, as well as other related matters. After the BUYER approves this Agreement on the WEBSITE, the price and costs of the ordered Product(s) are collected via the selected payment method.

1- PARTIES

SELLER

Seller Name/Title: Smyrna Pet Food Ltd. Co.
Seller’s Full Address: İkitelli OSB, 17. Cadde Kağıthane Sanayi Sitesi No:5 Kat:2, 34480 Başakşehir/İstanbul
Seller’s Phone: +(90) 212 485 44 04
Seller’s E-Mail Address: info@smyrnapet.com

Smyrna Pet Call Center: +(90) 212 485 44 04

BUYER

Name – Surname:
Address:
Phone:
E-Mail:

2- SUBJECT OF THE AGREEMENT, PRODUCT, PRICE, PAYMENT AND DELIVERY

The Type and Kind, Quantity, Brand/Model/Color, Unit Price(s) and Sales Amount of the Products (goods/services), as well as Payment (collection) Information and Delivery Information including the delivery location notified by the BUYER, are as specified below. In the event that the cargo company responsible for delivery does not have a branch at the BUYER’s location, the BUYER must collect the product from another nearby branch to be notified by the SELLER (the BUYER will be duly informed via e-mail, SMS, or phone). Other matters related to delivery are specified in Article 7 of the Agreement below.

PRODUCT	UNIT PRICE (TRY)	QUANTITY	TOTAL (TRY)
Brand, product, size, etc.	___ TRY	–	___ TRY
Subtotal	Product total (excl. VAT)		___ TRY
Shipping Fee	Order processing and shipping/cargo fees		___ TRY
VAT	Total statutory tax		___ TRY
Discount	Discount code used, etc.		___ TRY
TOTAL	ORDER PAYMENT TOTAL (VAT Included)		___ TRY

Payment (Collection) Information Payment Method/Instrument: (Credit Card / Cash on Delivery or Credit Card on Delivery) [Card Type Visa / Mastercard…. Card Number …. Payment Credit Card … Single Charge to Credit Card . Total Amount … ]

Delivery Information
Name, Surname / Title:
Address:
Phone:
E-Mail:
INVOICE INFORMATION
Name, Surname, Title:
Address:
Phone:
E-Mail:
ID No / Tax No:
Tax Office (Corporate):

3- MATTERS ON WHICH THE BUYER HAS BEEN PRE-INFORMED

The BUYER confirms that, prior to the conclusion of this Agreement by the BUYER’s acceptance on the WEBSITE and prior to placing an order or undertaking a payment obligation, they have been informed by reading and reviewing all general and specific disclosures on the relevant pages and sections of the WEBSITE regarding the following matters:

The SELLER’s title, contact information, and current identifying information; the stages of the sales transaction when purchasing Product(s) from the WEBSITE; and the appropriate tools and methods for correcting incorrectly entered information,
The Chamber of Commerce to which the SELLER belongs (ETO – Eskişehir Chamber of Commerce) and the electronic contact information through which the behavioral rules prescribed by ETO for the profession can be obtained (Phone: 0 (222) 222 26 26, www.eto.org.tr),
The privacy, data use and processing rules applied by the SELLER for BUYER information, the rules for electronic communication with the BUYER, the permissions granted by the BUYER to the SELLER in this regard, the BUYER’s legal rights, the SELLER’s rights, and the procedures for exercising the rights of both parties,
Shipping restrictions imposed by the SELLER for the Products,
The payment methods and instruments accepted by the SELLER for the Product(s) subject to the Agreement, as well as the basic features and characteristics of the Products, the total price including taxes (the total amount the BUYER shall pay to the SELLER, including all relevant costs),
Information regarding the procedures for delivery of the Products to the BUYER and transportation/delivery/cargo costs,
Other payment/collection and delivery information related to the Products, information regarding the performance of the Agreement, and the commitments and responsibilities of the parties in these matters,
Products and other goods/services for which the BUYER does not have the right of withdrawal,
In cases where the BUYER has the right of withdrawal, the conditions, period, and procedure for exercising this right, and that the BUYER will lose the right of withdrawal if it is not exercised within the prescribed period,
For Products subject to the right of withdrawal, that if the Product is damaged or altered during the withdrawal period due to use that is not in accordance with the instructions for use, normal operation, or technical specifications, the BUYER’s withdrawal request may not be accepted and the BUYER shall be liable to the SELLER in any case; and that in cases accepted by the SELLER, an amount deemed appropriate based on such damage or alteration may be deducted (offset) from the refund to be made to the BUYER,
In cases where the right of withdrawal exists, how the Products may be returned to the SELLER and all related financial matters (including return methods, costs, refund of the Product price, and any deductions and offsets for reward points earned/used by the BUYER during the return),
In the event that the BUYER is a legal entity, they may not exercise “consumer rights,” including in particular the right of withdrawal, for Products purchased for commercial or professional purposes (bulk purchases are in any case considered as such),
All other terms of sale also contained in this Agreement depending on their nature, and that since this Agreement is sent to the BUYER by e-mail after it is approved and concluded by the BUYER on the WEBSITE, it can be stored and accessed by the BUYER for as long as they wish, and the SELLER may also retain it for a period of three years,
The contact information through which the BUYER may submit complaints to the SELLER in case of disputes, and that the BUYER may make legal applications to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

4- RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of delivery of the Product, without incurring any penalty. However, by law, the right of withdrawal does not exist for contracts relating to the following goods/services, even if they have not been used or benefited from:

Goods prepared in accordance with the BUYER’s special requests or personal needs (including those customized for a person/personal needs by making changes or additions, and special Products imported/procured domestically or from abroad based on the BUYER’s order)
Goods that may deteriorate quickly or whose expiration date may pass, such as cosmetics and similar products, chocolate and similar food items
Goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery and whose return is not appropriate for health or hygiene reasons, such as cosmetics, swimwear, and underwear
Goods that are mixed with other products after delivery and cannot be separated by their nature
All types of products with digital content such as books, CDs, DVDs, audio and video recordings, software, and computer consumables whose protective elements such as packaging, tape, seal, or wrapping have been opened; vi) all services performed instantly in electronic environment and all kinds of intangible goods delivered instantly to the consumer
Goods or services whose price fluctuates depending on changes in financial markets and which are not under the control of the seller/provider
Periodical publications such as newspapers and magazines, except those provided under a subscription agreement
Accommodation, goods transportation, car rental, food and beverage supply, and leisure time evaluation services for entertainment or recreation purposes that must be performed on a specific date or during a specific period
Services whose performance has begun within the withdrawal period with the BUYER’s consent, and
Other goods and services generally considered outside the scope of distance sales under the relevant legislation, and cases where the BUYER makes a purchase for commercial/professional purposes.

In cases where the right of withdrawal may be exercised, the BUYER is legally responsible for any changes and deterioration that occur if the goods are not used in accordance with their operation, technical specifications, and instructions for use during the withdrawal period. Accordingly, if changes or deterioration occur due to the Product not being used in accordance with the instructions for use, technical specifications, and operation until the date of withdrawal, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a deduction corresponding to the change/deterioration shall be made from the Product price to be refunded. In cases where the right of withdrawal exists, it is sufficient for the BUYER to have directed a clear declaration of exercising the right of withdrawal to the SELLER within the statutory 14-day period (communicated verbally/in writing to the contact addresses specified above). In the event that this right is exercised within the prescribed period, the Product must be sent to the SELLER’s address above within a maximum of ten (10) days, at the BUYER’s expense. If a contracted cargo company for product returns is specified on the WEBSITE, the BUYER may send the Product from a branch within or outside their district, in which case no cost shall be charged to the BUYER. In this return process, the Product must be delivered complete and undamaged together with its box, packaging, and standard accessories if any. In addition, as required by tax legislation, in cases where a Return Invoice must be legally issued by the BUYER, as well as on the invoice to be returned together with the Product, the section related to the return specified below must be completed and signed. Order returns for which invoices are issued in the name of institutions (legal entities) shall not be accepted unless a Return Invoice is issued. “The address to which the product will be returned is the SELLER’s address / the address of the cargo company to which it is delivered for return.” Provided that the requirements specified above are fulfilled by the BUYER, within 14 days from the date the withdrawal notice reaches the SELLER, the Product price and, if applicable, the delivery costs of the Product to the BUYER shall be refunded to the BUYER in a manner consistent with the payment instrument used when purchasing the Product. The BUYER’s legal rights and responsibilities after the withdrawal period regarding the Products, as well as the SELLER’s contractual and legal collection and offset rights including those relating to reward points owed by the BUYER, and obligations, are additionally valid and in force.

5- SPECIAL TERMS APPLICABLE IN CASES WHERE THE BUYER EARNS DISCOUNT POINTS AND/OR MAKES PAYMENT TO THE SELLER USING DISCOUNT VOUCHERS WHEN PURCHASING THE PRODUCT SUBJECT TO THE AGREEMENT

Where there is a current agreement/contract between an organization that grants reward points and similar benefits, the BUYER, and the SELLER that allows reward points to be used for discounts and similar benefits when shopping on the WEBSITE belonging to the SELLER, if the BUYER has earned such reward points as a result of the purchase subject to this Agreement pursuant to the said agreement of the SELLER and their own contract with the said organization, in cases where withdrawal from this Agreement or termination/order cancellation and a refund to the BUYER are in question, the amount (monetary value) of reward points, gifts, and similar items earned by the BUYER through the purchase subject to this Agreement shall be reclaimed from the BUYER. Specifically; unless a different method is stipulated in the SELLER’s agreement with the relevant organization, this reclamation shall be made first from other sufficient reward points of the BUYER held with the said organization/system (excluding reward points earned through the purchase subject to this Agreement), if available, or otherwise by deducting (offsetting) from the amount to be refunded to the BUYER by the SELLER.
If the BUYER has made payment to the SELLER for the purchase of the Product subject to this Agreement partially/entirely using reward points or similar, in cases where a refund of the Product price to the BUYER is in question pursuant to the relevant provisions of this Agreement, the reward points and similar used by the BUYER when purchasing the Product on the WEBSITE may be refunded to the BUYER (again as points), unless the SELLER has a different agreement with the relevant organization.
As a general rule applicable in cases where unjust earning or use of reward points by the BUYER is detected in any manner, the monetary value/amount of said reward points may be collected by the SELLER from the BUYER (via credit card, cash, and other legal methods). This provision also applies to the value of goods given as gifts to the BUYER by the SELLER as a result of the application of such a system.
Other matters related to the earning and use of reward points and similar are subject to the provisions of the agreements/contracts between the relevant organization, the BUYER, and the SELLER; and in relevant cases, the SELLER may exercise all rights and authorities specified herein and in the said agreements/contracts with respect to the BUYER and the organization, and may also carry out the relevant transactions on behalf of and/or for the account of the said organization and/or other businesses in the same system.
Cash money demands in exchange for reward points earned from or used with the SELLER, gift vouchers, and similar shall not be accepted under any circumstances or in any manner.
The SELLER accepts no liability for disputes between the BUYER and the aforementioned organizations or for any material, legal, financial, or non-financial consequences thereof; the above provisions remain valid and reserved.
The above provisions also apply by analogy to the earning and use of reward points obtained directly from the SELLER by the Consumer, if any. All consumers who earn reward points from the WEBSITE/SELLER or use reward points and similar in their payments to the SELLER, and thus the BUYER, are deemed to have accepted the above special terms as well.

6- RULES REGARDING SECURITY-CONFIDENTIALITY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL PROPERTY RIGHTS

The following privacy rules, policies, and terms, whose current principles are stated below, apply to the protection, confidentiality, processing/use, and communications of information on the WEBSITE, as well as other matters.

The necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER’s side, to the extent permitted by current technical capabilities based on the nature of the information and transaction. However, since the said information is entered from the BUYER’s device, the responsibility for taking the necessary measures to protect it on the BUYER’s side and to prevent access by unauthorized persons, including those related to viruses and similar malicious applications, belongs to the BUYER.
Information obtained during the BUYER’s membership on the WEBSITE and their shopping may be recorded indefinitely or for a period to be determined by the SELLER and the brands within the group of companies it belongs to, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used, and otherwise processed for the purposes of all kinds of informational, advertising-promotional, promotional, sales, marketing, store card, credit card, and membership communications, both electronic and other commercial-social. This data may also be transmitted to relevant Authorities and Courts when legally required. The BUYER has consented to and permitted the use, sharing, processing of their current and new personal and non-personal information within the above scope, in compliance with the legislation on the protection of personal data and electronic commerce legislation, and the making of commercial and non-commercial electronic and other communications to them.
The BUYER may at any time stop data use/processing and/or communications by contacting the SELLER through the specified communication channels. Pursuant to the BUYER’s explicit notice in this regard, personal data processing and/or communications to them shall be stopped within the maximum legal period; additionally, if they wish, information other than that which must be legally retained and/or is possible shall be deleted from the data recording system or rendered anonymous in a way that the identity cannot be determined. The BUYER may at any time apply to the SELLER through the above communication channels and obtain information regarding matters such as the processing of their personal data, the persons to whom it has been transferred, correction in the event of incomplete or inaccurate data, notification of the corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against themselves through analysis via automated systems, and remedying of damages suffered due to unlawful processing of data. Applications and requests in these matters shall be fulfilled within the maximum legal periods or may be rejected with the legal justification communicated to the applicant.
Regarding all information and content belonging to the WEBSITE and their arrangement, revision, and partial/full use; excluding those belonging to other third parties pursuant to the SELLER’s agreements; all intellectual-industrial property rights and ownership rights belong to the SELLER.
The SELLER reserves the right to make any changes it deems necessary in the above matters; such changes shall take effect from the moment they are announced by the SELLER on the WEBSITE or through other appropriate means.
Other websites accessible through the WEBSITE are subject to their own privacy-security policies and terms of use; the SELLER is not responsible for any disputes or adverse consequences that may arise.