Distance Sales Contract
Article 1 – Parties
1.1. Seller
| Trade name | StandArt A.Ş. |
| Address | Uluönder Mah. Baksan Sanayi Sitesi 70. Blok No:3 Tepebaşı / Eskişehir |
| Telephone | +90 544 26 26 226 |
| info@farmart.com.tr | |
| Tax office / tax number | — / — |
| MERSIS number (Central Registry System) | — |
| Website | https://farmart.es |
(Hereinafter referred to as the "SELLER".)
1.2. Buyer
| Full name / trade name | — |
| Turkish ID number / tax number | — |
| Address | — |
| Telephone | — |
| — |
(Hereinafter referred to as the "BUYER".)
Article 2 – Subject Matter
The subject matter of this Contract is the determination of the rights and obligations of the parties, in accordance with the Turkish Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, with respect to the sale and delivery of the product(s), whose characteristics and sale price are specified below, ordered electronically by the BUYER through the SELLER's website https://farmart.es.
Where the BUYER is not a consumer and purchases the product for commercial or professional purposes, the provisions specific to consumer legislation (in particular the right of withdrawal) shall not apply; in such case the provisions of the Turkish Code of Obligations No. 6098 and the Turkish Commercial Code No. 6102 shall apply.
Article 3 – Product, Price and Payment
| Order number | — |
| Order date | — |
| Payment method | — |
—
| Products subtotal (VAT included) | — |
| Discount | — |
| Shipping / delivery fee | — |
| Total amount payable (all taxes included) | — |
3.1. The main characteristics of the products are as set out on the product page of the website.
3.2. The prices listed and announced on the website are the sale prices. Announced prices and offers remain valid until they are updated or changed. Prices announced for a limited period remain valid until the end of the stated period.
3.3. For payments by credit card, the instalment options and any instalment surcharge are shown to the BUYER during payment. For payments by bank transfer (wire/EFT), payment must be made to the bank account notified by the SELLER within 15 (fifteen) days of the order date, stating the order number in the payment description; orders not paid within this period may be cancelled by the SELLER.
3.4. Where, for payments made by the BUYER by credit card, the relevant bank does not pay the price to the SELLER on the grounds of unauthorised or unlawful use of the card, and the product has already been delivered by the SELLER, the BUYER shall return the product within 3 (three) days, with the costs borne by the SELLER.
Article 4 – Delivery
4.1. The product shall be delivered, through the cargo or freight company contracted by the SELLER, to the following delivery address specified by the BUYER when placing the order:
—
4.2. The product shall be delivered within the statutory period of 30 (thirty) days from the date on which the order reaches the SELLER. If delivery cannot be made within this period, the BUYER may terminate the contract.
4.3. If the BUYER is not present at the address at the time of delivery, the SELLER shall be deemed to have fully performed its obligation. Any damage arising from the BUYER's late acceptance of the product and any costs arising from the product being held by the cargo company shall be borne by the BUYER.
4.4. The BUYER shall inspect the product at the time of delivery and, in cases such as damaged, missing or crushed packaging, shall refuse delivery and have a report drawn up by the cargo officer. Otherwise, claims relating to damage occurring during transport may not be accepted by the SELLER.
4.5. Where delivery is to be made to a person other than the BUYER, the SELLER cannot be held liable if that person refuses delivery.
Article 5 – General Obligations of the Seller
5.1. The SELLER shall deliver the product that is the subject of the contract in sound and complete condition, in conformity with the characteristics specified in the order, together with the warranty certificate and user manual, if any.
5.2. The SELLER may supply a different product of equal quality and price before the expiry of its performance obligation under the contract, by informing the BUYER and obtaining the BUYER's express consent.
5.3. If supply of the ordered product becomes impossible, the SELLER shall notify the BUYER in writing or by means of a durable medium within 3 (three) days of becoming aware of this, and shall refund all payments collected, including delivery costs if any, no later than 14 (fourteen) days from the date of notification.
Article 6 – General Obligations of the Buyer
6.1. The BUYER acknowledges and declares that they have read and are informed of the preliminary information on the website concerning the main characteristics of the product, the sale price, the payment method, the delivery conditions and the right of withdrawal, and that they have given the necessary confirmation electronically.
6.2. The BUYER accepts that the information provided when placing the order is accurate and up to date, and that they are liable for any damage arising from inaccurate information.
6.3. The BUYER shall use the product in accordance with the user manual and safety warnings. Malfunctions and damage resulting from improper use are excluded from the warranty.
Article 7 – Right of Withdrawal
7.1. A BUYER who is a consumer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to the BUYER or to a third party designated by the BUYER, without incurring any legal or criminal liability and without giving any reason. The right of withdrawal may also be exercised before delivery.
7.2. To exercise the right of withdrawal, it is sufficient to send the SELLER a clear written notification within this period by e-mail to info@farmart.com.tr or by post to Uluönder Mah. Baksan Sanayi Sitesi 70. Blok No:3 Tepebaşı / Eskişehir. The BUYER may use the withdrawal form annexed to the Preliminary Information Form, but its use is not mandatory. The burden of proving that the right of withdrawal was exercised within the time limit lies with the BUYER.
7.3. Within 14 (fourteen) days from the date of the withdrawal notification, the BUYER shall send the product back to the SELLER together with its invoice and, if any, all accessories, the warranty certificate and the user manual. If the product is sent through the cargo company contracted by the SELLER, the return costs shall be borne by the SELLER. If the SELLER does not designate a carrier for the return, no return costs shall be charged to the BUYER. Where, by its nature, the product is too large to be returned by ordinary post, the return shall be made using the transport agreed with the SELLER.
7.4. The SELLER shall refund all payments collected, including delivery costs if any, within 14 (fourteen) days at the latest from the date on which the withdrawal notification reaches it, using the same means of payment used by the BUYER for the purchase and without imposing any cost or obligation on the BUYER. The SELLER may withhold the refund until the product has been received or until the BUYER has supplied evidence of having sent back the product.
7.5. The BUYER is liable for changes and deterioration resulting from use of the product during the withdrawal period other than in accordance with its operation, technical specifications and instructions for use. Where the product has been used beyond what is necessary for its ordinary inspection (for example, actually operated in a field or orchard), the SELLER may claim the resulting decrease in value from the BUYER.
7.6. For instalment purchases made by credit card, the refund shall be made to the account linked to the card in accordance with the bank's procedures; the SELLER is not responsible for the time taken by the bank to reflect the refund in the BUYER's account.
Article 8 – Exceptions to the Right of Withdrawal
Pursuant to Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in the following cases:
Products prepared in line with the BUYER's requests or personal needs, specially manufactured, or modified or supplemented,
Products whose protective elements such as packaging, tape, seal or package have been opened after delivery and whose return is not appropriate for health and hygiene reasons,
Products which, after delivery, have been mixed with other products and by their nature cannot be separated,
Other exceptional cases listed in the Regulation.
Article 9 – Warranty and Defective Products
9.1. The products are covered by warranty for the period and under the conditions specified in the warranty certificate, if any. The warranty certificate is delivered together with the product and is also published on the website.
9.2. Where the delivered product is defective, the consumer may exercise one of the elective rights listed in Article 11 of Law No. 6502: withdrawal from the contract, a reduction in the sale price, free repair, or replacement with a non-defective equivalent. The SELLER is obliged to fulfil the request chosen by the consumer.
9.3. The statutory liability period for defective products is 2 (two) years from the date of delivery of the product.
Article 10 – Protection of Personal Data
The BUYER's personal data are processed in accordance with the Turkish Personal Data Protection Law No. 6698, for the purposes and on the legal grounds set out in the Personal Data Protection Information Notice published on the website.
Article 11 – Force Majeure
In cases of force majeure beyond the control of the parties, such as natural disasters, epidemics, war, terrorism, strikes, lockouts, decisions of public authorities, or infrastructure or communication failures, the parties cannot be held liable for the affected obligations for the duration of the force majeure. If the force majeure lasts longer than 30 (thirty) days, either party may terminate the contract; in that case the price collected shall be refunded within 14 (fourteen) days.
Article 12 – Dispute Resolution
12.1. For disputes arising from this Contract, the Consumer Arbitration Committees at the BUYER's place of residence or at the place where the product was purchased shall have jurisdiction within the monetary limits announced each year by the Turkish Ministry of Trade, and the Consumer Courts shall have jurisdiction for disputes exceeding these limits. Where required by law, mediation must be sought before filing a lawsuit.
12.2. Where the BUYER is not a consumer, Turkish law shall apply to disputes and the courts and enforcement offices of Eskişehir shall have jurisdiction.
Article 13 – Notices and Evidence Agreement
Except where otherwise required by law, all correspondence between the parties shall be conducted via the e-mail addresses provided when placing the order. The BUYER accepts that, in disputes that may arise from this Contract, the SELLER's books and records, as well as its computer, server and electronic records, shall constitute conclusive evidence pursuant to Article 193 of the Turkish Code of Civil Procedure No. 6100.
Article 14 – Entry into Force
The BUYER accepts that they have read and accepted all terms of this Contract and that, by confirming the order, they have concluded the Contract electronically. The Contract enters into force on —, the date on which the order is confirmed. The text of the Contract is retained by the SELLER and sent to the BUYER by e-mail; the BUYER may also access it at any time from the order details in their account.
This Contract has been translated from Turkish. In case of any discrepancy between the Turkish text and this translation, the Turkish text shall prevail, without prejudice to mandatory consumer protection rules applicable to the BUYER.
| SELLER | StandArt A.Ş. |
| BUYER | — |
| Date | — |