Sales Agreement

DISTANCE SALES AGREEMENT

1. PARTIES

In the implementation and interpretation of this Agreement, the terms listed below shall have the meanings set forth opposite them.

3. SUBJECT

The subject of this Agreement is to set out the rights and obligations of the Parties in accordance with the provisions of the Law and the Regulation regarding the sale and delivery to the BUYER of the Products, the description and sale price of which are specified in this article, ordered electronically by the BUYER from the Website.

4. PRODUCT DETAILS, PRODUCT PRICE, PAYMENT AND DELIVERY INFORMATION

The quantity, name, sales price, payment (collection), delivery and invoice details of the Product(s) ordered by the BUYER via the Website in electronic environment are as stated below. If the BUYER wishes, they can communicate complaints regarding payment, delivery and this Agreement via the helpline at {{Phone}}.

5. INFORMATION PROVIDED TO THE BUYER IN ADVANCE

By confirming this Agreement on the Website, the BUYER acknowledges that, before assuming any payment obligation, they have reviewed, read, understood, and have been informed about all general and specific disclosures on the Website and in the following sections related to the order information:

1. The SELLER’s title, contact details, and up-to-date introductory information

2. The stages of the sales process for Products purchased via the Website and methods for correcting any incorrectly entered information

3. The confidentiality, data usage-processing and electronic communication rules applied by the SELLER regarding the BUYER’s information, permissions granted by the BUYER in these matters, and the Parties’ rights and how to exercise them

4. Shipping restrictions foreseen by the SELLER for the Products

5. The payment methods accepted by the SELLER for the Products and the basic characteristics of the Products, the total price including taxes (the total amount payable by the BUYER including any related costs)

6. Procedures for delivery of the Products to the BUYER and information on transportation-delivery-shipping charges

7. Payment/collection and delivery information regarding the Products and the Parties’ rights and obligations related to the execution of this Agreement

8. Products and other goods/services for which the BUYER does not have the right of withdrawal

9. The conditions, duration and procedure for exercising the right of withdrawal where available, and that if not used within the period, the BUYER will lose this right

10. In the event the Product is damaged or altered due to misuse within the withdrawal period, the SELLER may reject the withdrawal request or deduct a suitable amount from the refund

11. How the BUYER can return the Products to the SELLER in case of withdrawal and all related financial matters

12. Details of the special conditions (if any) for benefiting from various promotions offered periodically on the Website

13. All other sales conditions included in this Agreement and that the Agreement, once confirmed online by the BUYER, will be sent via email and stored electronically for the period requested by the BUYER, and will be kept by the SELLER for three years

14. That in case of disputes, the BUYER may submit complaints to the SELLER's contact channels and initiate legal proceedings before the District/Provincial Consumer Arbitration Committees or Consumer Courts in the location where the BUYER purchased the Product(s) or resides, in accordance with the relevant provisions of Law No. 6502

6. DELIVERY COSTS AND PERFORMANCE

6.1 Delivery of the Product(s) subject to the Agreement shall be made by the SELLER to the address specified above by the BUYER. The delivery cost belongs to the BUYER. The delivery fee is added to the total amount including all taxes for the Product(s). If the SELLER declares on the Website that delivery will be covered for purchases above a certain amount, the delivery cost shall be borne by the SELLER.

6.2 Even if the BUYER is not present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation completely and properly. Therefore, any damages arising from the BUYER’s late receipt of the Product shall be borne by the BUYER.

6.3 Delivery shall be made within the legal period of 30 (thirty) days after the Product price is transferred to the SELLER’s account, provided that the Product is in stock and subject to the distance of the delivery address. In cases such as stock depletion, commercial impossibilities, unexpected events, or force majeure, if the SELLER is unable to deliver the Product on time, the BUYER shall be informed. If the SELLER fails to perform within the specified time, the BUYER may terminate the Agreement.

6.4 If the Product(s) subject to the Agreement are out of stock, the SELLER has the right to not deliver them, provided that the BUYER is informed, and the total amount paid and any documents creating a debt are returned within 14 (fourteen) days at the latest.

6.5 Before the expiration of the performance obligation period arising from the Agreement, the SELLER may supply another product of equal quality and price with the explicit consent of the BUYER, thereby fulfilling its obligation under the Agreement.

6.6 Delivery of the Product(s) shall only be made to the delivery address specified by the BUYER at the time of order. Even if the BUYER requests delivery elsewhere, it will not be fulfilled. Indeterminate locations such as parking lots, building entrances, or parks cannot be designated as delivery addresses. The delivery address must be a clearly owned property of the BUYER such as an office, apartment, house, or store.

6.7 If it is determined that products not ordered were delivered to the BUYER, the SELLER will inform the BUYER via phone or email. The SELLER may retrieve the unordered product. The BUYER may choose to keep the product by paying its price, or must return it at the SELLER’s expense via courier.

6.8 For delivery of the Product(s) to the BUYER, this Agreement must be confirmed electronically and the sale price must be paid by the BUYER’s chosen payment method. If the price is not transferred or canceled in the bank records, the SELLER shall be released from the delivery obligation.

7. BUYER'S OBLIGATIONS

7.1 The BUYER shall inspect the Product before taking delivery and shall not accept damaged or defective Products (crushed, broken, torn packaging, etc.). Otherwise, the Product shall be deemed delivered intact and the BUYER shall not have the right to object regarding missing or damaged Products. After delivery, the BUYER is responsible for storing the Product with care under proper temperature and conditions.

7.2 The BUYER accepts that delivery made to the person present at the address specified in this Agreement shall be considered delivery to the BUYER.

7.3 In the event the Product is delivered and the BUYER’s credit card is used unlawfully by unauthorized persons through no fault of the BUYER and the bank or financial institution does not pay the SELLER, the BUYER shall pay the full amount within 3 (three) days of being informed. The SELLER reserves all rights, including legal action and enforcement.

7.4 Persons under the age of 18 or legally incompetent persons may not shop via Power Fertilizer.

8. SELLER'S OBLIGATIONS

8.1 The SELLER is responsible for delivering the Product subject to the Agreement in a sound, complete condition and in accordance with the specifications stated in the order. If the Product is to be delivered to a person/entity other than the BUYER as indicated in the order, the SELLER shall not be liable for the absence or refusal of the recipient at the address. Therefore, any damages due to late delivery by the BUYER shall be borne by the BUYER.

8.2 If the SELLER deems the delivery of the Product impossible, they shall notify the BUYER without exceeding the legal 30 (thirty) day delivery period. In this case, the BUYER may choose to cancel the order, replace the Product with a similar one, or postpone delivery until the obstructive circumstance is resolved. If the BUYER cancels the order, the paid amount will be refunded within 14 (fourteen) days.

9. RIGHT OF WITHDRAWAL

Provided that the Product is not among those listed in Article 10 of this Agreement, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the delivery of the Product to themselves or the person/entity at the address they designated. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing within this period and return the original invoice. The Product price will be refunded to the BUYER within 14 (fourteen) days following the receipt of the withdrawal notice. Return shipping costs for withdrawals shall be borne by the SELLER. The burden of proof regarding the use of the right of withdrawal rests with the BUYER.

10. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

According to Article 15(c) of the Distance Sales Regulation, the right of withdrawal cannot be exercised for perishable or expired products and for single-use items once delivered.

11. RULES ON PERSONAL DATA PROTECTION, COMMERCIAL ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY

11.1 In addition to any data defined as personal data under Law No. 6698 on the Protection of Personal Data, the following BUYER information may be recorded and processed by the SELLER, its affiliates, and third parties: name, surname, email address, Turkish ID number, demographic data, credit card information, financial information, etc.; for the purposes of order processing, providing and improving services and products, resolving system issues, executing payments, marketing activities (with prior consent), updating user information, managing memberships, fulfilling this and other contracts between the BUYER and the SELLER, and outsourcing technical/logistical functions.

11.2 The SELLER may, in accordance with applicable regulations, send commercial electronic messages (SMS, push notifications, automated calls, emails, faxes, etc.) to the BUYER for promotional and marketing purposes.

11.3 The SELLER has implemented necessary measures within its infrastructure to ensure the security of information entered and transactions made on the Website. However, since the data is entered from the BUYER’s own device, the BUYER is responsible for protecting it and preventing unauthorized access, including protection from viruses or similar threats.

11.4 The BUYER may request the cessation of data processing or commercial communications via the communication channels listed on the Website. Upon clear notice by the BUYER, data processing and/or commercial messages will be ceased within the legally allowed maximum period. Upon request, all non-legally required data will be deleted or anonymized.

11.5 The BUYER may always obtain information about the processing of their personal data, its recipients, correction of inaccurate data, deletion/destruction of data, or anonymization. The BUYER may object to unfavorable automated analysis results and seek compensation from the SELLER for damages caused by unlawful processing. These requests will be addressed by the SELLER within the legal period.

11.6 All intellectual property rights regarding any content on the Website, excluding third-party content or agreements, belong to the SELLER.

11.7 The SELLER is not responsible for any disputes or adverse outcomes arising from access to third-party websites linked on the Website, which have their own privacy and usage policies.

12. FORCE MAJEURE

The Parties shall not be held liable for failure to perform any of their obligations under this Agreement due to reasons not foreseeable at the time of signing and beyond their control, including but not limited to the following:

· Suspension of sales via Power Fertilizer by administrative decision

· Extraordinary conditions preventing delivery of Products, such as severe weather or transportation disruption

· Natural disasters (earthquakes, floods, fires, etc.) significantly affecting society

· Strikes and lockouts

· Epidemics

· Declarations of war, state of emergency, martial law, or general mobilization affecting the economy and public life

If the SELLER is unable to deliver the Product(s) within the contractual period due to such events, they must inform the BUYER within 3 (three) days from the date of learning the situation. In such cases, the BUYER may choose to cancel the order, accept a substitute Product if available, or postpone delivery until the force majeure ceases. If the BUYER cancels the order, the paid amount shall be refunded within 14 (fourteen) days using the same payment method without imposing any fees or obligations on the BUYER. If a substitute product is selected, any price difference shall be collected from the BUYER.

13. GENERAL PROVISIONS

13.1 The BUYER accepts, declares, and undertakes that they have read and confirmed all preliminary information on the Website regarding the essential characteristics of the Product, its price and payment method, and delivery details, and that they have been duly informed. Confirmation of the Preliminary Information electronically by the BUYER indicates that they were properly and fully informed about the Products’ features, total price including taxes, and delivery/payment details before entering into this Agreement.

13.2 The BUYER agrees, declares, and undertakes that if the payment for the Product is not made or is canceled by the bank/financial institution, the SELLER will have no delivery obligation. The BUYER also acknowledges that the SELLER bears no responsibility for payments made by banks/financial institutions even if a failed code is received.

13.3 If the BUYER is not the credit card holder or if a security concern arises before delivery, the SELLER may request identification and contact details of the cardholder, a copy of the last credit card statement, or confirmation from the cardholder's bank. The order will be put on hold during this verification process, and if the required documents are not submitted within 24 hours, the SELLER has the right to cancel the order.

13.4 The BUYER declares and undertakes that the personal and other information provided during membership is accurate and that they will compensate all damages incurred by the SELLER due to inaccuracy, upon the first request, in full and immediately.

13.5 The BUYER agrees to comply with legal provisions while using the Website and accepts full legal and penal responsibility for any violations.

13.6 The BUYER may not use the Website for illegal, immoral, or rights-violating purposes. They also may not hinder others’ use of the services (e.g., via spam, viruses, trojans).

13.7 Links to other websites may be provided on the Website. These links are for user convenience and do not constitute an endorsement or warranty regarding the content or operators of such websites.

14. EVIDENCE AGREEMENT AND COMPETENT COURT

14.1 In any dispute arising from or related to this Agreement, the SELLER’s records (including magnetic records such as computer or audio files) shall serve as conclusive evidence. The Parties accept that, for disputes within the monetary limits announced by the Ministry, the Consumer Arbitration Committees or Consumer Courts located in the district/province of the BUYER’s residence or where the purchase was made shall have jurisdiction.

14.2 For 2024, effective from 01.01.2024, the monetary limits are as follows and are updated annually by the Ministry:

Disputes below 104,000 Turkish Lira must be submitted to the Consumer Arbitration Committees of the relevant District or Province.

Disputes of 104,000 Turkish Lira and above cannot be reviewed by the Arbitration Committees. Such disputes must be resolved through mediation and then submitted to Consumer Courts or, where unavailable, Civil Courts of First Instance under Article 73/A of Law No. 6502.

15. EFFECTIVENESS

15.1 This Agreement, comprising 15 (fifteen) articles, has been read and approved by the Parties and has come into force electronically as of the date of confirmation by the BUYER.