DISTANCE SALES AGREEMENT
ARTICLE 1: PARTIES TO THE AGREEMENT
This agreement is made between Sem Organizasyon Akaryakıt ve Petrol Ürünleri Nakl. Ymk. Hizm. San. ve Tic. Ltd.Şti., located at Hacı Halil Mah. İsmetpaşa Cd. Cansal İş Mrk. No: 14-61 PK: 41400 Gebze, Kocaeli – Türkiye(hereinafter referred to as the SELLER), and the End User (hereinafter referred to as the BUYER).
ARTICLE 2: SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties, in accordance with the Turkish Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures of Implementation of Distance Contracts, regarding the sale and delivery of the products ordered electronically by the BUYER through the SELLER’s website www.rootboxhydro.com, which possess the qualifications specified in this agreement and whose content and sales price are displayed on the website.
The BUYER acknowledges and declares that they have been informed about the basic characteristics, sales price, payment terms, delivery conditions, and the right of withdrawal of the products subject to sale, that they have confirmed these preliminary details electronically, and that they have placed an order in accordance with this agreement.
The preliminary information provided on www.rootboxhydro.com and the invoice issued for the order are integral parts of this agreement. Once the order is placed, the BUYER is deemed to have accepted all terms of this agreement.
ARTICLE 3: GENERAL PROVISIONS
3.1 - The BUYER acknowledges and declares that they have read, understood, and approved the essential characteristics, VAT-inclusive sales price, payment method, and delivery details of the products on the SELLER’s website and that they have electronically confirmed the purchase based on this information.
3.2 - The product(s) subject to this agreement shall be delivered to the address specified by the BUYER, within the delivery time stated on the product page, provided that the legal delivery period of 30 days is not exceeded, depending on the distance of the delivery address to the SELLER.
3.3 - The SELLER shall not be held responsible if the designated recipient is not present at the delivery address or refuses to accept the product.
3.4 - The SELLER is responsible for delivering the product(s) free of defects, complete, and in accordance with the specifications stated in the agreement.
3.5 - For delivery of the product(s), the payment must be completed by the BUYER in the selected payment method. If payment is not made or canceled by the bank, the SELLER shall not be obliged to deliver the product(s).
3.6 - If the BUYER’s credit card is used unlawfully by unauthorized persons (not due to the BUYER’s fault) and the payment is not made to the SELLER by the relevant bank, the BUYER is obliged to return the product(s) to the SELLER within 3 days of delivery, at the BUYER’s expense.
3.7 - If force majeure or extraordinary circumstances (natural disasters, transport disruptions, adverse weather, etc.) prevent the timely delivery of the product(s), the SELLER shall inform the BUYER. In such cases, the BUYER may choose to cancel the order, request a replacement, or request that delivery be postponed until the issue is resolved. If the BUYER cancels the order, the SELLER will refund the amount paid within 30 days (by credit card refund if applicable).
3.8 - This agreement becomes effective once the BUYER electronically confirms it.
ARTICLE 4: RIGHT OF WITHDRAWAL
Products that are defective or contain material, legal, or economic deficiencies that reduce or eliminate the value, intended use, or expected benefit of the product, contrary to packaging, labeling, instructions, advertisements, or the stated specifications, are considered defective products. If the product is found to be defective, the BUYER may request a refund, a replacement, or a discount reflecting the reduction in value, within 7 days of delivery. In this case, return shipping costs are covered by the SELLER.
For distance sales of goods, the BUYER has the right to withdraw from the agreement within 14 days from the date of delivery without providing any reason or incurring any penalties. If the service is to be performed before the end of the 14-day period, the BUYER may exercise the right of withdrawal before the service begins. The cost of exercising the right of withdrawal is borne by the BUYER. Contracts for services performed immediately via electronic means or for products delivered instantly to the BUYER are not subject to the right of withdrawal. If delivery is made to a third party, the BUYER may still exercise the right of withdrawal. Products that are custom-made, personalized, or altered according to the BUYER’s request are excluded from the right of withdrawal. Products with damaged packaging or missing invoices will not be accepted.
ARTICLE 5: FORCE MAJEURE
Force majeure refers to unforeseen events beyond the control of the parties that arise after the signing of this agreement and which partially or completely prevent the parties from fulfilling their obligations under this agreement (e.g., natural disasters, war, terrorism, uprisings, legal regulations, seizure, strikes, lockouts, significant malfunctions at production or communication facilities). The party experiencing the force majeure must promptly notify the other party in writing. During the period of force majeure, the parties shall not be held liable for any non-performance. If the force majeure event lasts more than 10 days, either party may unilaterally terminate the agreement.
ARTICLE 6: COMPETENT COURT
In the event of disputes arising from this agreement, the Consumer Arbitration Committees or Consumer Courts at the residence of either party shall have jurisdiction, within the monetary limits announced by the Ministry of Industry and Trade. If a Consumer Court does not exist, the Civil Courts of First Instance shall have jurisdiction.
ARTICLE 7: ENFORCEMENT
Once payment for an order placed through the website has been processed, the BUYER is deemed to have accepted all terms of this agreement. The SELLER shall ensure that the BUYER cannot place an order without confirming that they have read and accepted this agreement on the website.