1.1. SELLER: Title: DIRKALI NATURAL GUM AND PRODUCTS IND. AND TRADE INC.

Address: Halkapinar Mah. 1203/1 Street No: 6/212 Food Market Konak / Izmir

Website: www.birbuketlezzet.com

E-mail: info@dirkali.com

Phone: 0 532 672 41 66

Trade Registry No: 228419

MERSIS No: 0295122817800001

1.2. BUYER: Name and Surname:

Phone:

Address:

Email:

IP Address:

2. PRODUCTS SUBJECT TO ORDER

https://www.birbuketlezzet.com/magaza

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Distance Selling Agreement (hereinafter referred to as the “Agreement”) is to determine the rights and obligations of the Parties regarding the sale and delivery of the product, which the Buyer purchased by placing an electronic order on the Seller’s website www.birbuketlezzet.com (hereinafter referred to as the “Website”), and which meets the specifications and whose sales price is stated on the Website.

3.2. The provisions of this Agreement are subject to the General Provisions of the Turkish Commercial Code No. 6102 and the Code of Obligations No. 6098, as the Parties are merchants within the scope of Turkish Commercial Code No. 6102, and even if the Parties are not merchants, the subject matter of the Agreement is considered a “commercial business.” Consumer Protection Law No. 6502 and relevant secondary legislation do not apply to the subject matter of the Agreement. In this context, since the definition of “consumer” within the meaning of the Consumer Protection Law does not apply to Buyers, Buyers do not have the right to benefit from the rights and powers granted to consumers under the said legislation, particularly the right of withdrawal.

3.3. The Buyer acknowledges and declares that they have been informed of the basic characteristics of the product for sale, its sales price, quantity, payment method, delivery conditions, and all other information related to the product for sale, as well as the cancellation and return conditions, as specified above, and that they have voluntarily confirmed this information electronically and subsequently purchased the product by placing an order.

3.4. The preliminary information form and proforma invoice, as well as the Terms of Use and Privacy Policy, available on the payment page of the Website, are annexes to and integral parts of this Agreement.

4. RIGHTS AND LIABILITIES OF THE PARTIES

4.1. The Seller is obligated to return each product sent through the Website, in its entirety, in the form specified in its description and within the delivery date, after full payment has been made.

4.2. The Buyer is obligated to provide all requested information, such as name, surname, company name, email address, telephone number, address, and billing information, in a legally compliant, current, accurate, and complete manner when registering on the Website and during the order process.

5. PROVISIONS RELATING TO ORDER(S)

5.1. The Buyer and the Seller are the parties to this Agreement. Therefore, all obligations and responsibilities related to the fulfillment of this Agreement belong to the parties to this Agreement.

5.2. To order products offered on the website www.birbuketlezzet.com, the Buyer must enter the information requested on the Website. If the Buyer places an order without registering, the Buyer agrees to the Terms of Use, Privacy Policy, and other required documents and becomes a member of the Website at the end of the order. The Buyer may terminate their membership at any time and without giving any reason.

5.3. The Buyer acknowledges in advance that return conditions will vary depending on whether the ordered products are ready-made, personalized, or custom-made. In this context, the Buyer acknowledges that they do not have the right to return the products if they are prepared specifically for them, regardless of whether they are legal entities or individuals.

5.4. After the Buyer selects the product with all its features and completes their preferences, the purchase is completed with payment.

6. CANCELLATION AND RETURN POLICY

6.1. As a rule, under this Agreement, since the products are prepared by removing the air and even a single drop of the product is expensive, cancellation and return of products after opening the container are not possible.

6.2. The Buyer has the right to cancel the order completely before the purchased products are shipped. If the Buyer promptly notifies the Seller of this cancellation via email or the “Customer Services” phone number listed on the Website, the product price will be refunded to the Buyer within 10 (ten) business days. Upon the Buyer’s request or approval, the amount will be held in their account and used for future orders. Upon the Buyer’s request, a coupon code will be assigned to the Buyer for use on future orders.

7. DELIVERY AND DELIVERY METHOD OF PRODUCTS

7.1. The ordered products will be delivered to the Buyer at the Buyer’s address specified above, unless otherwise specified in writing by the Buyer. The Buyer acknowledges, represents, and undertakes that the information provided regarding the delivery of its order, such as “Delivery Information” and “Recipient,” is accurate and up-to-date, and that the order can only be collected by the Buyer or its designated recipients upon presentation of identification.

7.2. Delivery costs are the responsibility of the Seller.

7.3. Orders placed on Saturdays, Sundays, and public holidays will be deemed to have been placed on the first business day following confirmation of payment information.

8. SELLER’S LIABILITY FOR DEFECTS

8.1. In accordance with Turkish Commercial Code No. 6102, the Buyer is responsible for inspecting the ordered products for defects upon delivery.

8.2. If there is an obvious defect in the delivered products, the Buyer is obligated to notify the Seller within 3 (three) days, in accordance with Article 23/c of the Turkish Commercial Code No. 6102. Otherwise, the Buyer will be deemed to have accepted the delivered product in its defective condition, in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

8.3. The Buyer is obligated to inspect and control (inspect and/or have the product inspected) the delivered products for any non-obvious (hidden) defects, and to immediately notify the Seller if a defect is detected within 8 (eight) days from the date of delivery. Otherwise, the Buyer will be deemed to have accepted the delivered product in its defective condition, in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

8.4. The Buyer is obligated to submit a return request via the Website, along with a defect notification, and return the product to the Seller in its original condition, complete and in the same condition as received. To return the delivered product for any reason, the Buyer must keep the product in its original packaging, return it complete with all packaging materials, and return it without any physical damage. Furthermore, all originals and copies of the delivery note and invoice must be sent with the products.

8.5. If there is any abnormality, such as damage, dents, or wetness, that can be noticed without opening the package, other than damage caused by the delivery carrier, the Buyer must request a report from the delivery person.

8.6. Following proper notification and subsequent delivery of the product, the Seller will conduct the necessary inspections. If the Buyer’s statements are correct, the Seller will replace the product and deliver it to the Buyer at the Buyer’s expense. The Buyer may also request a refund. In this case, the refund will be made within 10 (ten) business days.

8.7. The provisions of Tax Procedure Law No. 213 and related legislation are reserved for product returns, and the Buyer and Seller are obligated to comply with these provisions.

9. PROVISIONS REGARDING PRICES:

9.1. The price of products ordered by the Buyer through the Website is specified on the Website and in the invoice sent to the Buyer.

9.2. If the Buyer purchases by credit card and installment plan, the installment plan selected by the Buyer through the Website will apply. In installment plans, the relevant provisions of the agreement in effect between the Buyer and the card issuing bank will apply. The credit card payment date is determined by the agreement between the bank and the Buyer, and the Seller has no obligation in this regard.

10. FORCE MAJEURE

10.1. Force majeure is defined as any circumstance that did not exist at the time the Contract was executed and that develops beyond the control of the Seller, and which, upon occurrence, makes it impossible for the Seller to partially or fully fulfill its obligations and responsibilities undertaken under this Contract, or to fulfill them on time. (This includes any natural disaster, war, terrorism, riot, change in legislation, seizure, strike, lockout, significant malfunction in production and communication facilities, widespread and/or continuous power and/or internet outages, etc.)

10.2. In the event of Force Majeure, the Seller may unilaterally refrain from performing the obligations undertaken under this Contract without compensation by refunding the price paid.

10.3. If the force majeure lasts more than 45 (forty-five) days, the Buyer may terminate this Contract and request a refund of the price paid.

11. STAMP DUTY

11.1. This Agreement is not subject to stamp duty in accordance with Article 6/4 of the Stamp Duty Law General Communiqué (Serial No: 60) published in the Official Gazette dated 29.09.2016 and numbered 29842.

12. APPLICABLE LAW AND JURISDICTION

12.1 The Buyer irrevocably accepts, declares, and undertakes that, in any dispute arising or that may arise between the Parties, the Seller’s commercial books, records, and documents, as well as computer and fax records, microfilms, and email correspondence, shall be deemed conclusive evidence pursuant to Article 193 of the Code of Civil Procedure No. 6100.

12.2. This Agreement has been executed and approved electronically between the Parties prior to the Buyer’s payment; accordingly, this Agreement replaces any written agreement between the Parties and is considered an electronic document pursuant to Code of Civil Procedure No. 6100.

12.3. The Izmir Courts and Enforcement Offices shall have jurisdiction and jurisdiction to resolve any dispute arising from this Agreement, and the laws of the Republic of Turkey shall apply to all disputes.