1. SUBJECT
The subject of this contract is to determine the rights and responsibilities of the parties according to the Law on Consumer Protection No. 6502, the Regulations on Distance Contracts Practice Principle and Procedures, and the provisions of this contract, as they relate to the sale and delivery of products whose attributes and sales price are outlined below, which the BUYER has ordered electronically from the website www.harsena.com.tr, which belongs to the SELLER.
2. SELLER INFORMATION
Company : Halit ÇELEBİ - Harşena Arı Ürünleri
Address : Ortaköy Köyü No: 36/A Amasya/Turkey
Telephone: +90850 241 90 24
E-Mail: info@harsena.com.tr
3. BUYER INFORMATION (Will be referred to as BUYER from here on)
All members: All buyers who are members of the e-commerce store of Harşena Arı Ürünleri Company www.harsena.com.tr. (Hereinafter referred to as buyer or customer).
4. INFORMATION REGARDING PRODUCT/PRODUCTS SUBJECT TO THIS AGREEMENT
This information consists of the type, amount, make/model, color, count, sales price, and payment method of the Goods / Products / Services at the time order was finalized. This information may differ without notifying the BUYER.
5. GENERAL PROVISIONS
5.1 The BUYER, upon confirming this agreement online, will have confirmed that the information that the SELLER must supply the Consumer before the closure of the distance contracts, such as address, the basic attributes of the products that were ordered, and the prices of the products, which include tax, as well as the payment and shipping information is correct and complete,
5.2 The product subject to the agreement will be shipped to the BUYER or the person/corporation at the address shown within the time period outlined in the preliminary information on the website as it pertains to the distance of the BUYER’s residence for each product, with the condition that it will not exceed the statutory 30 days. Any shipping charges related to the delivery shown in Article 3 will be paid by the BUYER, and will be reflected under “Delivery Charge” in the invoice related to the order.
5.3 If the product subject to the agreement is delivered to a person/corporation other than the BUYER, the SELLER shall not be held responsible, as the said person/corporation did not agree to the delivery.
5.4 The SELLER will not be held responsible for the shipping company encountering any kind of problem while delivering the product to the BUYER, as the product that was ordered was unable to be delivered to the BUYER. In the event the package is damaged, the damaged packages shall not be received and a report must be filed with a shipping company agent. If the shipping company agent does not think the package is damaged, the BUYER has the right to open the package there and have the agent make sure the products have been delivered undamaged, and to request that the situation be established through yet another report. It shall be acknowledged that the shipping company will have completely fulfilled its duty after the package is received by the BUYER. If the package is not accepted and a report is filed, the situation must be reported to the SELLER’s customer services department as soon as possible along with the copy of the report retained by the BUYER.
5.5 The SELLER is responsible for shipping the product subject to the agreement intact, complete, and in conformity with the attributes stated in the order, and if applicable, accompanied by warranties and instructions for use.
5.6 The SELLER may supply a different product of equal quality and price to the BUYER, under the condition that there is a justified reason, before the period of the fulfillment obligation stipulated in the agreement expires. If the SELLER cannot ship the product subject to the agreement within the time period for compelling reasons or due to situations that prevent transport, such as adverse weather conditions, disruption of transportation, or stock/crop shortages, the SELLER is obligated to inform the BUYER of the situation. In this case, the BUYER may exercise the right to cancel the order, exchange the product subject to the agreement for a similar one if available, and/or postpone the shipping period until the impeding situation is resolved. In such a situation, the BUYER will not have the right to any kind of additional financial or emotional damages. If the BUYER cancels the order, the amount he/she paid shall be paid to him/her outright and in cash within 10 days. The SELLER is not responsible for delays resulting from the bank that is handling the return transaction.
5.7 In order for the product subject to the agreement to be delivered, a signed copy of this agreement must be delivered to the SELLER, or an electronic verification of this agreement, and the price must be paid using the method preferred by the BUYER. If for whatever reason the price of the product is not paid, or if it has been cancelled in the bank records, the SELLER is absolved from any obligation to deliver the product.
5.8 The BUYER accepts and promises that the credit card information entered into the system while making the purchase is accurate, and that all legal and criminal responsibility that may arise from using this credit card falls to him/her. After the delivery of the product, if the bank or financial institution does not pay the SELLER the price of the product due to the BUYER’s credit card being misused or used illegally by unauthorized persons in a manner that was no fault of the BUYER, the product must be sent back to the SELLER within 3 days, provided that the product was delivered to the BUYER. In this case, the shipping expenses are the responsibility of the BUYER. In the event that the price of the product is not received from the credit card for whatever reason or the price of the product is returned to the credit card, if the BUYER does not send back the product, the BUYER accepts and promises that the price of the product will be transferred to the bank account of the SELLER without notification,
5.9 Credit awarded to customers by the SELLER through sales campaigns is only valid for shopping. This credit cannot be refunded, even if the product is returned. In the case of payments made by the BUYER using a credit card, the product total will be returned to the relevant bank within 7 days after the SELLER cancels the order. The BUYER accepts in advance that after this amount is returned to the bank, it will not be possible for the SELLER to intervene in any way regarding possible delays, as the returned amount being reflected in the BUYER’s account is completely contingent on the transaction process of the bank. The BUYER also accepts in advance that it may take approximately 2 to 3 weeks for the bank to reflect in the BUYER’s account the amount returned to the credit card by the SELLER.
5.10 The parties accept and declare that all hardware system records belonging to the SELLER shall be taken as the sole and genuine exclusive evidence, according to article 193 of the HMK and these records constitute an evidential agreement. According to this membership agreement, the SELLER is authorized to send notification emails to members’ registered email addresses and notification SMS messages to members’ mobile phones, and by approving this membership agreement, members have agreed to receive notification emails to their email addresses and notification SMS texts to their mobile phones.
This contract becomes valid after it is approved electronically by the BUYER (after membership is verified) and is delivered to www.harsena.com.tr .
6. RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the date the product subject to the agreement was delivered to the BUYER or to the person/corporation at the address indicated, without giving any reason. However, no returns are accepted on sales and promotion products, or on products specially prepared for, offered for sale to, or imported for the BUYER for certain days, such as New Years, Eid holidays, and Mother’s Day; the BUYER proceeds with the purchase acknowledging these terms. In order for the right of withdrawal to be exercised, the SELLER must be notified within the 14-day period by fax or email, and the product must not be used or opened as per the provisions in Article 6 of this agreement. When exercising this right,
a) The invoice of the product delivered to a 3rd party or to the BUYER, (If the product invoice requested to be returned is corporate, it must be sent with a return invoice prepared by the corporation. In the event that the RETURN INVOICE is not issued, order returns with an invoice prepared on behalf of corporations will not be completed)
b) Returned products must be delivered, along with their boxes, packaging, and if applicable, their standard accessories, intact and undamaged within the 14-day period. The price of the product shall be returned to the BUYER within 10 days following the receipt of these documents. Since it is by right to withdrawal, the shipping cost will be covered by the SELLER on domestic orders and by the BUYER on international orders. The SELLER shall not refund the shipping fee collected from the BUYER while selling the product. While returning the product to the SELLER, a copy of the E-archive invoice (in order to ensure consistency in our accounting records) that was submitted to the BUYER during product delivery must also be returned, and if the invoice is not sent to the SELLER along with the product or within 5 days at the latest from when the product was sent, the return transaction will not be carried out, and the product will likewise be sent back to the BUYER as a reversed charge. The BUYER will write the phrase “return invoice” on the invoice being returned with the product, and sign it.
7. PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The ability to exercise the right of withdrawal is dependent on the condition that the product packaging or safety band has not been opened, that no modifications have been made, that the product is not deformed and that the product’s original design has not been destroyed. The right of withdrawal cannot be exercised on products whose attributes make it not suitable to return, on products that are at risk of quickly spoiling, or on products whose expiration dates have the potential to expire.
8. DEFAULT OF DEBTOR
If the BUYER defaults, the BUYER agrees to pay the SELLER’s damages and losses arising from the delayed fulfillment of the debt. In cases where the BUYER’s default is the fault of the SELLER, the BUYER will not be required to cover any damages and losses.
9. AUTHORIZED COURT AND CONTACT ADDRESSES
9.1. All kinds of complaints and objections due to this Agreement can be made to the Arbitration Committee for Consumer Problems or to the Consumer Court at the place where the Buyer's or Seller's residence is located, according to the monetary limits set by the relevant Ministry in December every year.
9.2. The Buyer, the e-mail address declared while becoming a member of the Site shall be deemed to be the valid notification address for any notification to be made by the Seller, any notification to be made to the specified e-mail address will have all legal consequences of the legally valid notification, and with the use of this e-mail address All kinds of authority belong to him, if there is a suspicion that the relevant e-mail address is used by third parties, he is obliged to immediately notify the Seller of this situation and the changes that will occur in the e-mail address, otherwise no liability can be attributed to the Seller, It accepts, declares and undertakes that it knows that any notification sent to the relevant e-mail address and received from the relevant e-mail address will have legal consequences.
Always check all products during cargo delivery. When you see a damage, keep a record and do not get the product. Do not forget that the cargo company has fulfilled the responsibility of the delivered products.
You can use your right of exchange and refund if there is an incorrect, missing or defective product in the order you have received. According to the TCC, there is no right of withdrawal for foodstuffs, beverages and other daily consumption items. If you are dissatisfied with your order, you can send an e-mail to info@harsena.com.tr by specifying your order and contact information.
You can return the product you have received within seven (7) days from the date of delivery without opening the package, destroying it, using the product and not preventing its later resale. The shipping cost is not refunded in product returns. If the ordered product error occurred due to customer use or if the product has been used within 7 days, the product will not be returned or exchanged. As per the conditions of product return and replacement, the practices are essential in accordance with the Law No. 4077 on Consumer Protection.
Refunds are not accepted for products that need to be stored and shipped in the cold chain.
- Your orders will be delivered to cargo within 2 business days (Monday-Saturday) after the bank approval. Delivery time may vary depending on the distance of the delivery address to Amasya.
- In case of a mishap caused by us, you will be notified based on your membership information. That's why membership is complete and accurate information is important. Delivery is not done on weekends and feast days.
- The products you have purchased will be notified to you by a confirmation e-mail. If any of the products you have selected are not available in stock, an e-mail will be sent to you and you will be notified of the date the product will enter the first stocks.
- The shipping amount of your order is calculated automatically at the time of your order and is collected from you when you pay. Therefore, do not pay for your incoming cargo.