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Corporate

Preliminary Information Form

1. PARTIES

This Agreement is executed electronically under the following terms and conditions between the parties specified below.

1.     ‘BUYER’ (hereinafter referred to as the “BUYER”)
NAME AND SURNAME: #NAMEANDSURNAME
ADDRESS: #ADDRESS

2.     ‘SELLER’ (hereinafter referred to as the “SELLER”)
NAME AND SURNAME: Eslab Kahve Gıda Sanayi ve Ticaret A.Ş.
ADDRESS: Tozkoparan, General Ali Rıza Gürcan Cd. Çırpıcı Çıkmazı Sok. No: 2 34173 Güngören/İstanbul

By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, they will be under the obligation to pay the price of the order placed, including any shipping fees, taxes, and additional charges, if applicable; and that they have been duly informed in this respect.

2. DEFINITIONS

For the implementation and interpretation of this Agreement, the following terms shall have the meanings set forth below:

MINISTER  means the Minister of Trade;

MINISTRY means the Ministry of Trade;

LAW means the Law on Consumer Protection;

REGULATION means the Regulation on Distance Agreements;

SERVICE means any consumer transaction, other than the supply of goods, that is performed, or undertaken to be performed, in return for a fee or benefit;

SELLER means the company that supplies goods to the consumer within the scope of its commercial or professional activities, or that acts on behalf of or for the account of the supplier of such goods;

BUYER means a natural or legal person who acquires, uses, or benefits from a product or service for purposes that are not commercial or professional;

PLATFORM means the website www.espressolab.com and the mobile application owned by the SELLER;

ORDERING PARTY means any natural or legal person who requests goods or services through the website www.espressolab.com and the mobile application owned by the SELLER;

AGREEMENT means this Agreement executed between the SELLER and the BUYER;

PRODUCT/PRODUCTS means the movable property subject to purchase, as well as intangible goods such as software, audio, video, and similar digital content prepared for use in an electronic environment.

3. SUBJECT

3.1. This Agreement has been executed in accordance with the Law on Consumer Protection No. 6502 and the Regulation on Distance Agreements.  The Parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection No. 6502 and the Regulation on Distance Agreements. The subject matter of this Agreement is to regulate the rights and obligations of the Parties, pursuant to the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Agreements, in relation to the sale and delivery of the Product, the characteristics and sales price of which are specified below, for which the BUYER has placed an electronic Order through the Platform owned by the SELLER for the purchase of the goods/services offered by the SELLER.

3.2. Pursuant to the applicable legislation, the following product sales are not covered under this Agreement:

a) Financial services,
b) Sales carried out through automated machines,
c) Use of public telephones through telecommunications operators,
d) Services relating to betting, lotteries, raffles and similar games of chance,
e) The creation, transfer or acquisition of real estate or rights relating thereto,
f) Residential lease transactions,
g) Package tours,
h) Timeshare, long-term holiday services and the resale or exchange thereof,
i) Delivery of daily consumption goods such as food and beverages to the consumer’s residence or workplace within the scope of Seller’s regular deliveries,
j) Passenger transportation services,
k) Installation, maintenance and repair of goods,
l) Social services intended to support families and individuals such as nursing home services, childcare, eldercare or patient care.

4. MATTERS ACKNOWLEDGED BY THE BUYER PRIOR TO PURCHASE

4.1. The BUYER acknowledges that, prior to the conclusion of this Agreement through the BUYER’s acceptance via the Platform, and before becoming obligated to place the order and make the payment, the BUYER has reviewed, read, and understood all general and special explanations provided on the relevant pages of the Platform and that the BUYER has been duly informed on the following:

a) the SELLER’s trade name, contact information, and current identifying information;

b) the stages of the sales process when purchasing the Products from the Platform and the appropriate tools/methods to correct incorrectly entered information;

c) the Chamber of Commerce to which the SELLER is affiliated (ITO – Istanbul Chamber of Commerce) and its contact information (444 0 486 – www.ito.org.tr);

d) the confidentiality rules, data usage/processing practices, and electronic communication rules applicable to the BUYER’s information by the SELLER, as well as the permissions granted by the BUYER to the SELLER on these matters, the statutory rights of the BUYER, the rights of the SELLER, and the procedures for exercising such rights by the Parties;

e) delivery restrictions applicable to the Products as prescribed by the SELLER;

f) the payment methods/instruments accepted by the SELLER for the Products subject to the Agreement, as well as the total price of the Products including taxes (the total amount payable by the BUYER to the SELLER, including any applicable expenses);

g) the procedures regarding the delivery of the Products to the BUYER and the information on shipment, delivery, and cargo costs;

h) other payment/collection and delivery information regarding the Products and the performance of the Agreement, along with the responsibilities of the Parties in these respects;

i) the Products and other goods/services for which the BUYER does not have a right of withdrawal;

j) where the BUYER has a right of withdrawal, the conditions, period, and procedure for exercising such right, and that failure to exercise the right within the prescribed period will result in loss of the withdrawal right;

k) that, for Products subject to the right of withdrawal, if the Products are used contrary to usage instructions, normal functioning, or technical specifications during the withdrawal period and therefore become damaged or altered, the BUYER’s request for withdrawal may be rejected, and in any case the BUYER shall be responsible to the SELLER, and that if accepted by the SELLER, any refund to be made to the BUYER may be offset by an amount reflecting such damage or alteration;

l) where a right of withdrawal exists, how the Products may be returned to the SELLER and all relevant financial matters (including return methods, costs, refund of the Product price, and any deductions/offsets that may be applied for award/loyalty points earned or used during the transaction);

m) the details of the conditions under which the BUYER may benefit from various promotional opportunities that may be offered on the Platform from time to time (special terms);

n) that all other sales conditions set forth in this Agreement, and that once this Agreement is concluded by the BUYER’s approval on the Platform, it shall be sent to the BUYER via e-mail, and therefore may be stored and accessed by the BUYER for as long as desired, and shall also be stored by the SELLER, as the owner of the Platform, for a period of three (3) years;

n) that, the remaining sales terms and conditions set out in this Agreement, depending on the cost, and this Agreement, since it is sent to the BUYER via e-mail once concluded by the BUYER’s approval on the Platform, may be stored and accessed by the BUYER for as long as desired and may also be retained by the SELLER, as the owner of the Platform, for a period of three (3) years; and

o) that in case of disputes, the BUYER may communicate complaints through the SELLER’s Platform or directly to the SELLER, and may also submit legal applications to the District/Provincial Consumer Arbitration Committees or Consumer Courts in accordance with the relevant provisions of Law No. 6502.

5. SELLER INFORMATION

Trade Name: Eslab Kahve Gıda Sanayi ve Ticaret A.Ş.
MERNIS Number / Tax Number:
Address: Tozkoparan, General Ali Rıza Gürcan Cd. Çırpıcı Çıkmazı Sok. No: 2 34173 Güngören/İstanbul
Telephone: 444 7 787
Seller’s e-mail: [email protected]

6. BUYER INFORMATION

Recipient: #RECIPIENT
Delivery Address: #DELIVERYADDRESS
Telephone: #TELEPHONE
Fax:
E-mail/Username: #EMAIL

7. BILLING INFORMATION

Name and Surname/Trade Name: #NAMEANDSURNAME
Tax Office and Tax Identification Number:
Address: #BILLINGADDRESS
Telephone: #TELEPHONE
Fax
E-mail/Username: #EMAIL

The invoice shall be delivered to the delivery address together with the order at the time of delivery.

8. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT

8.1. The main characteristics of the Goods/Product(s)/Service (type, quantity, brand/model, colour, number) are published on the Platform owned by the SELLER.

8.2. The prices listed and announced on the website are the sales prices. The announced prices and offers remain valid until updated or changed. Prices announced for a limited period remain valid until the end of the specified period.

8.3. The sales price of the goods or services subject to the Agreement, including all applicable taxes, is provided below:

Product Description

Quantity

Unit Price

Cash Price

Subtotal

(VAT Included)

#PRODUCTS

The total discount amount earned, the shipping cost, and the instalment difference amount applicable to purchases made on the website www.espressolab.com are shown together in the table above.

Payment Method and Plan: #PAYMENT

Delivery Address: #DELIVERYADDRESS

Recipient: #RECIPIENT

Billing Address: #BILLINGADDRESS

Order Date: #DATE

Delivery Date: #DELIVERYDATE

Delivery Method: #DELIVERYMETHOD

8.4. The shipping cost for the delivery of the Products shall be borne by the BUYER.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares and undertakes that they have read and understood the preliminary information regarding the essential characteristics of the product subject to this Agreement, the sales price and payment terms, and the delivery details on the Platform owned by the SELLER, and have provided the necessary confirmation electronically. The BUYER acknowledges, declares and undertakes that by confirming the Preliminary Information electronically prior to the conclusion of this Agreement, they have correctly and completely obtained the address details that must be provided by the SELLER, the essential characteristics of the Products ordered, the prices of such Products including taxes, and the payment and delivery information, and that they are aware that consumer requests and complaints may be submitted to the SELLER via the contact information provided above and/or through the channels offered by the Platform.

9.2. Each Product subject to this Agreement shall be delivered to the BUYER, or to the person and/or entity designated by the BUYER at the delivery address, within the time period specified in the preliminary information section on the Platform, depending on the BUYER’s place of residence, provided that such period shall not exceed the statutory maximum period of 30 (thirty) days. If the Product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement. The delivery date specified on the Platform as an “estimated delivery date” is provided for informational purposes only and does not constitute any commitment. In accordance with the applicable legislation, such Products shall in any case be delivered to the BUYER within 30 (thirty) days at the latest. In the event that the person designated for delivery is not present at the delivery address at the time of delivery, the SELLER shall not be held liable for any damages or costs arising from the late receipt of the Product and/or the failure to take delivery of the Product.

9.3. The SELLER acknowledges, declares and undertakes to deliver the Product subject to this Agreement completely, in compliance with the specifications stated in the Order, together with any applicable warranty certificates, user manuals and any information and documents required by the nature of the Product; to provide the Product free from any defects, in accordance with the requirements of applicable legislation and relevant standards; to perform the transaction based on principles of good faith, accuracy and integrity; to maintain and enhance service quality; and to exercise due care, prudence and foresight during the performance of its obligations.

9.4. The SELLER may supply a different Product of equal quality and price, provided that the BUYER is informed and their explicit approval is obtained before expiry of the performance obligation.

9.5. The SELLER accepts, declares, and undertakes that if performance of the Product or Service subject to the Order becomes impossible, the SELLER shall notify the consumer in writing within three (3) days from the date this situation becomes known, and shall refund the total amount to the BUYER within fourteen (14) days.

9.6. The BUYER accepts, declares, and undertakes that confirmation of this Agreement in electronic form is required for delivery of the product subject to this Agreement, and that if, for any reason, the price of the Product is not paid and/or is cancelled in bank records, the SELLER’s obligation to deliver the Product shall cease.

9.7. The BUYER accepts, declares, and undertakes that if, after delivery of the Product to the BUYER or to the person and/or entity designated by the BUYER, the price of the Product is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER’s credit card, the BUYER shall return the Product to the SELLER within three (3) days, with the shipping costs borne by the BUYER.

9.8. The SELLER accepts, declares, and undertakes that if the SELLER is unable to deliver the Product subject to this Agreement within the prescribed period due to force majeure events - such as circumstances that occur beyond the control of the Parties, cannot be foreseen in advance, and prevent and/or delay performance of the Parties’ obligations - the SELLER shall notify the BUYER of this situation. The BUYER shall have the right to request cancellation of the Order, replacement of the Product subject to the Agreement with an equivalent product if available, and/or postponement of the delivery period until the hindering circumstance is eliminated. In the event that the BUYER cancels the Order, if the BUYER has made the payment in cash, the price of the Product shall be refunded to the BUYER in cash and in full within fourteen (14) days. If the BUYER has made the payment by credit card, the price of the Product shall be refunded to the relevant bank within fourteen (14) days following the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the refunded amount to be reflected into the BUYER’s account by the bank may take 2 to 3 weeks; and that the SELLER cannot be held responsible for any potential delays since the reflection of such amount into the BUYER’s account after the refund is made to the bank is entirely related to the bank’s processing procedures.

9.9. The SELLER shall have the right to contact the BUYER for communication, marketing, notifications and other purposes via letter, e-mail, SMS, telephone call and other means, using the address, e-mail address, landline and mobile phone numbers and other contact information provided by the BUYER in the registration form on the Platform or subsequently updated by the BUYER. By accepting this Agreement, the BUYER accepts and declares that the SELLER may carry out the communication activities described above toward the BUYER.

9.10. The BUYER shall inspect and check the Product/Service subject to the Agreement prior to delivery, and shall not accept delivery of any damaged or defective Product/Service, such as those that are dented, broken, or have torn packaging, from the courier. Once the Product/Service is accepted upon delivery, it shall be deemed to have been received in good and intact condition. The BUYER is obliged to diligently protect the Product after delivery. If the right of withdrawal is to be exercised, the Product/Service must not be used. The invoice must also be returned.

9.11. In cases where the BUYER and the holder of the credit card used during placement of the Order are not the same person, or where a security vulnerability is detected regarding the credit card used in connection with the Order before the Product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used for the Order for the previous month, or a written confirmation from the bank of the card holder proving that the credit card belongs to them. The Order shall be put on hold until the BUYER provides the requested information/documents, and if such requests are not fulfilled within 24 hours, the SELLER reserves the right to cancel the Order.

9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website are accurate, and that the BUYER shall immediately, in cash and in full, indemnify any and all damages that the SELLER may incur due to the inaccuracy of such information, upon the first request of the SELLER.

9.13. The BUYER agrees and undertakes in advance to comply with the provisions of the applicable legislation while using the SELLER’s website and not to violate them. Otherwise, any and all legal and criminal liabilities that may arise shall be borne solely and exclusively by the BUYER.

9.14. The BUYER may not use the website owned by the SELLER in any manner that is contrary to public morals or public order, that disturbs or harasses others, that is for an unlawful purpose, or that infringes upon the material or moral rights of third parties. Furthermore, the BUYER may not engage in any activities (such as spam, viruses, trojan horses, etc.) that prevent or hinder the use of the Services by others.

9.15. Through the website owned by the SELLER, links may be provided to other websites and/or other content that are not under the control of the SELLER and/or are owned and/or operated by third parties. Such links are provided solely to facilitate access for the BUYER and do not constitute any support, endorsement, or guarantee by the SELLER regarding the relevant website or the information contained therein.

9.16. The BUYER is personally liable, both criminally and legally, for any breach of one or more of the provisions set forth in this Agreement, and shall hold the SELLER harmless against any legal or criminal consequences arising from such breach. In addition, should the matter be brought before judicial authorities due to such breach, the SELLER reserves the right to claim compensation from the BUYER for non-compliance with the Membership Agreement.

9.17. Unless otherwise stipulated, the delivery costs of the goods shall be borne by the BUYER. If the SELLER has declared on the Platform that the delivery costs will be covered by the SELLER, then such costs shall be borne by the SELLER. Delivery of the Goods shall be made within the promised delivery period, provided that the goods are in stock and payment has been completed.

9.18. If the BUYER selects the corporate invoicing option when placing an Order through the website, the SELLER may issue a corporate invoice. The SELLER shall issue the corporate invoice based on the tax identification number and tax office information provided by the BUYER through the website. The BUYER is solely responsible for ensuring that such information is entered accurately and completely.

10. RIGHT OF WITHDRAWAL

10.1. In the event of a distance agreement for the sale of goods, the BUYER may exercise their right of withdrawal — by rejecting the goods without undertaking any legal or penal liability and without providing any justification — within 14 (fourteen) days from the date of delivery of the goods to them or to the person/entity designated at the delivery address, provided that they notify the SELLER. For distance agreements relating to the provision of services, this period shall commence on the date the agreement is concluded. The right of withdrawal may not be exercised in service agreements where the performance of the service has commenced with the BUYER’s approval before the expiration of the withdrawal period. Any costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal. Notifications concerning the right of withdrawal and notifications related to the Agreement shall be made through the communication channels specified on the Platform. The communication channels for submitting the withdrawal notice may be accessed via www.espressolab.com.

10.2. To exercise the right of withdrawal, a written notice must be submitted to the SELLER via registered mail with return receipt, fax, or e-mail within the 14 (fourteen)-day period, and the goods must not fall within the scope of “Products for Which the Right of Withdrawal Cannot Be Exercised” as set out in this Agreement. Upon exercising this right:

a) The BUYER shall return the Goods to the SELLER via the contracted shipping company within 10 days from the date they exercise their right of withdrawal.

b) The Goods to be returned within the scope of the right of withdrawal must be returned complete and undamaged, together with their box, packaging, standard accessories (if any), and any other products that may have been given as a gift with the Goods.

10.3. The BUYER shall not be held liable for any changes or deterioration that occur as a result of proper use of the Goods in accordance with their functioning, technical specifications, and instructions for use during the withdrawal period.

10.4. Within 14 days following the exercise of the right of withdrawal, the price of the Goods shall be refunded to the BUYER in the same manner as paid. When returning the Goods to the SELLER, the invoice that was presented to the BUYER at the time of delivery must also be returned by the BUYER. (If the invoice of the product to be returned has been issued on to a legal entity, it must be returned together with a return invoice issued by such entity. Returns of Orders invoiced to legal entities cannot be completed unless a RETURN INVOICE is issued.)

10.5. Provided that the BUYER returns the Goods via the contracted shipping company of the SELLER as stated in the Preliminary Information Form, the return shipping cost shall be borne by the SELLER. If there is no branch of the SELLER’s contracted shipping company in the location where the BUYER is situated, the BUYER may return the Product via any shipping company, and in this case, the shipping cost shall be borne by the SELLER. If the BUYER returns the goods via a shipping company other than the one contracted by the SELLER as stated in the Preliminary Information Form, the return shipping cost and any damage that may occur during shipment shall not be the responsibility of the SELLER.

10.6. If the exercise of the right of withdrawal causes the total amount to fall below the campaign threshold set by the SELLER, the discount applied under such campaign shall be cancelled.

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

11.1. The BUYER may not exercise the right of withdrawal in the following agreements:

a) agreements relating to goods or services whose price varies depending on fluctuations in financial markets and which are beyond the SELLER’s control;

b) agreements relating to goods prepared in line with the BUYER’s requests or personal needs;

c) agreements relating to the delivery of goods which are perishable or which may expire;

ç) agreements relating to the delivery of goods whose protective elements such as packaging, tape, seal or package have been opened after delivery and which are not suitable for return due to health and hygiene reasons;

d) agreements relating to goods that are mixed with other products after delivery and cannot be separated by nature;

e) agreements relating to books provided in physical form, digital content, and computer consumables if the protective elements such as packaging, tape, seal or package have been opened after delivery;

f) agreements relating to the delivery of periodical publications such as newspapers and magazines, except for those provided under a subscription agreement;

g) agreements relating to accommodation, transport of goods, car rental, supply of food and beverages, and leisure services to be provided on a specific date or during a specific period for purposes of entertainment or recreation;

g) agreements relating to services performed instantly in electronic form or to intangible goods delivered instantly to the BUYER; and

h) agreements relating to services where performance has begun with the BUYER’s prior consent before the expiry of the withdrawal period.

12. DEFAULT AND LEGAL CONSEQUENCES

12.1. If the BUYER falls into default when making payments by credit card, the BUYER acknowledges, declares, and undertakes that they shall pay interest within the framework of the credit card agreement between them and the issuing bank, and that they shall be liable to the bank. In such a case, the relevant bank may pursue legal remedies, request the arising expenses and attorney fees from the BUYER, and in any case, if the BUYER falls into default in fulfilling their debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for all damages and losses incurred by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT

13.1. In disputes arising from this Agreement, complaints and objections may be filed with the Consumer Arbitration Committees and Consumer Courts located in the jurisdiction where the BUYER purchased the Goods or Services and where they reside, up to the value announced by the Ministry of Trade.

13.2. In accordance with Article 68(1) of the Law No. 6502 on the Protection of Consumers, the district/provincial consumer arbitration committees are authorized for consumer claims falling within the applicable lower and upper monetary limits.

14. PRICE OF THE GOODS/SERVICES

The cash or instalment sale price of the Product is specified on the order form, and also exists in the information e-mail sent upon completion of the Order and in the invoice delivered to the BUYER together with the Product. Discounts made by the SELLER, coupons, delivery charges, and other applications are reflected in the sale price.

15. ENTRY INTO FORCE

Upon making the payment for their Order placed through the Website, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement. The SELLER is obliged to implement the necessary software arrangements to obtain the BUYER’s confirmation that they have read and accepted this Agreement on the Website prior to the completion of the Order.

SELLER: Eslab Kahve Gıda Sanayi ve Ticaret A.Ş.
BUYER: #BUYER
DATE: #DATE