Distance Sales Agreement

Article 1 – Parties

1.1 Seller

This Distance Sales Agreement (hereinafter referred to as the “Agreement”) is entered into between Gazebo Çiçekçilik Organizasyon Sanayi ve Ticaret Limited Şirketi, operating at Levent Mah. Ebulula Mardin Cad. No: 67 Akatlar/Etiler, Istanbul (hereinafter referred to as the “SELLER”), and the Buyer whose details are set out below.

Address: Levent Mah. Ebulula Mardin Cad. No: 67 Akatlar/Etiler, Istanbul

Telephone: 02122295370

Email: bilgi@gazeboflowers.com.tr

MERSIS Number: 0389077798700016

1.2 Buyer

Full name: (hereinafter referred to as the “BUYER”)

Address:

Telephone:

Email:

Article 2 – Subject of the Agreement

The subject of this Agreement is to set out the rights and obligations of the Parties under the relevant legislation, in particular Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, concerning the sale and delivery of the product whose specifications and sale price are stated below, ordered electronically by the Buyer through the Seller’s website, www.gazeboflowers.com.tr.

Article 3 – Formation of the Agreement

3.1 The Buyer acknowledges having read and understood the Agreement and being aware of their rights and obligations. The Buyer declares that the transactions covered by the Agreement are in their interests and that they accept all terms of their own free will.

3.2 The Parties acknowledge and declare that the provisions of this Agreement do not constitute unfair terms under Law No. 6502 on Consumer Protection or the Regulation on Distance Sales Contracts and do not create an unfair imbalance between their interests.

5.3 The Agreement is formed when the required payment is collected from the Buyer’s credit-card account.

Article 4 – Product Information

The type, model, quantity, payment method, number of units and sale price of the goods/product/service covered by this Agreement are as specified below:

Agreement date:
Product delivery date:
Total product price (including all taxes): […] TL
Type of goods/product/service: Flower delivery
Quantity:
Model:

Article 5 – Product Delivery Information

Flower products will be delivered on the date and, where applicable, at the time or within the time slot selected when ordering.

Article 6 – Seller’s Rights and Obligations

6.1 The Seller undertakes to deliver the product intact, complete, undamaged and in accordance with the specifications stated in the order. On justified grounds, the Seller may supply goods or services of equal quality and price before the deadline for performance under the Agreement expires.

6.2 If force majeure prevents delivery within the required period, including unforeseeable circumstances beyond the Parties’ control that prevent or delay fulfilment of their obligations, the Seller will notify the Buyer as soon as possible. The Buyer may then request one of the following: (1) cancellation of the order; (2) replacement with an equivalent product, if available; or (3) postponement of delivery until the obstacle is removed. If the Buyer cancels, the product amount paid will be refunded in cash and in a single payment within one day.

6.3 The Seller is responsible for loss or damage occurring until delivery to the Buyer or a third party designated by the Buyer other than the carrier.

6.4 After payment, the Seller will email the Buyer confirmation containing basic product information, particularly the price, together with this Agreement and the Preliminary Information Form previously approved by the Buyer. The Preliminary Information Form and Distance Sales Agreement will remain accessible through the Buyer’s member account on the Website. Continuous access is available only where the Buyer has an account.

6.5 The Seller’s service is intended for consumers as retail sales. If the Seller suspects that the Buyer intends to resell the products, it reserves the right to cancel the order and withhold delivery even after the Agreement has been formed.

6.6 The Seller reserves the right to stop or update campaigns announced on the Website and change their conditions at any time. The Buyer must review campaign conditions before each purchase.

6.7 If the Buyer returns products for legal or contractual reasons, campaign conditions may no longer apply on the return date. Any discount or benefit received under the campaign will then be cancelled and deducted from the refund.

6.8 If the Buyer qualifies for more than one campaign on the same invoice, campaigns cannot be combined; the Buyer may benefit from only one. The Buyer acknowledges and undertakes not to make a claim in such circumstances.

6.9 The Seller is not responsible for pricing errors caused by system faults, or promotional or pricing errors arising from the Website’s system, design or unlawful interference with it. The Buyer may not claim rights against the Seller based on system errors.

Article 7 – Buyer’s Rights and Obligations

7.1 By placing an order, the Buyer accepts the provisions of this Agreement and undertakes to pay using the payment method specified in it.

7.2 The Buyer acknowledges having read and understood all information on the Website concerning the product’s basic characteristics, sale price, payment method and delivery, and having provided the necessary electronic confirmation. The Buyer confirms that, before the Agreement was formed, they received complete and accurate information about the ordered products’ basic characteristics, prices including taxes, payment and delivery.

7.3 Each product will be delivered to the Buyer or the person or organisation at the address specified by the Buyer within the period stated in the Website’s preliminary information, depending on the distance to the Buyer’s residence, and no later than the statutory period of thirty days set by the Regulation. If performance does not occur within this period, the Buyer may terminate the Agreement. Any “estimated delivery date” shown on the Website is an estimate and does not constitute a commitment. Such products will be delivered within thirty days at the latest, as provided by the legislation.

7.4 If the product is to be delivered to a person or organisation other than the Buyer, the Seller cannot be held responsible if that person or organisation refuses delivery.

7.5 Delivery requires electronic confirmation of this Agreement and payment for the order. If the product price is not paid for any reason or the payment is cancelled in bank records, the Buyer acknowledges that the Seller is released from the delivery obligation and has no liability. The Seller may also initiate enforcement proceedings, bring an action for recovery or pursue other legal remedies to recover the unpaid product price at the price applicable on the delivery date, together with interest at the rates specified in the Agreement.

7.6 Before accepting delivery, the Buyer must inspect the product and must not accept damaged or defective goods from the carrier or courier, including dented or broken goods or torn packaging. A product accepted on delivery will be deemed intact and undamaged. The Buyer is responsible for taking proper care of it after delivery.

7.7 If the Buyer requests shipment through a carrier other than the Seller’s designated carrier, the Seller is not responsible for loss or damage occurring after the goods are handed to that carrier.

7.8 If the Buyer chooses to send a video, audio recording, photograph or other image with the order, the Seller has no civil or criminal liability for that content. If the content is suspected of containing an offence, insult, infringement of personal rights, obscenity, threat or similar negative material under Turkish Criminal Code No. 5237 or other legislation, the Seller reserves the right not to send it or to cancel it. The Buyer accepts full responsibility for all such content in all circumstances, acknowledges that the Seller has no liability, and agrees that the Seller may seek immediate recourse against the Buyer if it faces any civil or criminal sanction.

Article 8 – Right of Withdrawal

In distance contracts for the sale of goods, the Buyer may withdraw within one day of receiving the goods, rejecting them without giving a reason or incurring civil or criminal liability. In distance contracts for services, this period begins on the date the agreement is signed. If the Agreement provides for performance of the service before one day has elapsed, the consumer may withdraw until performance begins. Costs arising from exercise of the right of withdrawal are borne by the Seller. To exercise this right, the Buyer must notify the Seller within one day by the fax, telephone or email details stated above. The original invoice for goods or services delivered to the Buyer or a third party must be returned. The goods/service price and delivery costs will be refunded within one day after receipt of the withdrawal notice, and the Buyer must return the goods/service within ten days. If the original invoice is not sent, VAT and any other statutory charges cannot be refunded. The delivery charge for goods/services returned under the right of withdrawal is borne by the Buyer.

Under Article 7, paragraph 4(c), entitled “Right of Withdrawal”, of the Regulation on Distance Contracts, the consumer cannot exercise the right of withdrawal for goods prepared according to their wishes or expressly for their personal needs. There is also no right of withdrawal for contracts concerning goods that, by their nature, cannot be returned or are liable to deteriorate rapidly or expire. Because products offered on the Website are prepared for personal needs and fresh flowers are liable to deteriorate rapidly, the Buyer acknowledges and undertakes that no right of withdrawal applies under that provision.

Article 9 – Confidentiality

All information and data provided by the Buyer in this Agreement or communicated to the Seller for payment, and all information obtained, will be treated as confidential and will not be disclosed by the Seller to third parties verbally, in writing or otherwise.

The Seller may disclose this information only where an administrative or legal obligation exists. In any judicial investigation where investigative authority is documented, the Seller may provide information requested by the relevant authority if it holds that information. The procedures concerning the Buyer’s personal data are set out in the Personal Data Protection and Processing Policy and Customer Privacy Notice on www.gazeboflowers.com.tr.

Under these policies, personal data such as the Buyer’s email address, postal address and telephone number is processed by the Seller only for standard product-delivery procedures and related communications. Campaign, new-product and promotional information is sent only with the Buyer’s express consent.

The confidentiality obligation remains in force during the Agreement and indefinitely after its termination for any reason. Without prejudice to rights under other provisions of this Agreement, the Parties undertake to compensate all negative and positive loss and damage arising from breach of this obligation.

Article 10 – Protection of Personal Data

As explained in detail in the Customer Privacy Notice on the Website, information constituting personal data under the Personal Data Protection Law may include the Buyer’s name, surname, email address, Turkish identity number, home/work/mobile telephone numbers, home and work addresses; the recipient’s name, surname, home/work/mobile telephone numbers, home and work addresses; financial data; customer information; customer transaction information; request/complaint-management information; and reputation-management information.

For the purposes of receiving orders, supplying and improving products and services, resolving system problems, processing payments, conducting marketing relating to orders, products and services where prior consent has been given, updating Buyer information, managing and maintaining memberships, performing this distance sales agreement and other agreements between the Buyer and Seller, and enabling third parties to perform technical, logistical and similar functions on the Seller’s behalf, this information may be recorded, retained in written or magnetic archives, used, updated, shared, transferred and otherwise processed by the Seller, its affiliates and third parties or organisations for the periods specified in the Personal Data Retention and Destruction Policy. The Buyer accepts that their personal data may be processed in this context.

Article 11 – Evidence Agreement and Competent Courts

The Parties agree that the Seller’s records, including magnetic records such as computer and audio records, may constitute evidence in disputes arising from the Agreement or performance of the service.

For complaints and objections concerning application of this Agreement, the consumer may apply to the consumer arbitration committee or consumer court where the goods or services were purchased or where the consumer resides, within the monetary limits determined each December by the Republic of Türkiye Ministry of Customs and Trade.

The Parties acknowledge that Istanbul Courts and Enforcement Offices have exclusive jurisdiction over disputes arising from application of this Agreement.

Article 12 – Entry into Force

This Agreement enters into force when the Buyer, previously informed through the Preliminary Information Form, electronically approves it after reading every provision and fully understanding it.

Please contact us if you have any further questions.

For questions and suggestions, you may contact us by telephone on 02122295370 or by email at info@gazeboflowers.com.tr.