CONDITIONS OF SALE

DISTANT SALES CONTRACT

Article 1- Parties

1.Seller Information

Seller: Nespresso Turkey Gıda Ticaret Anonim Şirketi

Address: Büyükdere Caddesi Nurol Plaza No:255 A- Blok Kat:6 34398,Maslak/Sarıyer, İstanbul

MERSİS No: 0631135630200001

Telephone: 0212 329 6000

Faks: 0212 329 6041

Website: https://www.nespresso.com/tr/en

E-mail: club@nespresso.com.tr

2. Buyer Information

Buyer: [●]

Adresi: [●]

Telephone: [●]

Name of 2nd Person for Delivery: [●]

Article 2- Subject

İThe subject of this contract is to determine the rights and obligations concerning the sale and delivery of the goods the Buyer has ordered in electronic format from the https://www.nespresso.com/tr/en website or by audio communication through telephone number 444 2021and purchased from the Seller with the qualities specified in the contract at the sales and delivery price specified below in accordance with the provisions of the Consumer Protection Law 6502 and the Regulation on Distant Contracts (referred to collectively as “Legislation”).

Article 3 – The Contract Subject Product and Sales Price

The type, amount, model, color, sales price including taxes and delivery information for the contract subject product is provided below.

Product Name and Code	Quantity	Total Cost Including VAT
[●]	[●]	[●]
Cargo Fee	[●]	[●]
Collection Service Fee	[●]	[●]

1% VAT is applied to capsule coffees and 18% VAT is applied to machines and accessories.

Form of Payment and Plan

Form of Payment and Plan: On orders submitted through the internet through the online virtual pos application and on order submitted by telephone through mail order, the credit card payment Term Difference: None

No payment upon delivery is accepted.

No payment upon delivery is accepted.

By clicking on “Submit Order” after accepting the Buyer Preliminary Information Form and Distant Sales Contract on the website or by confirming an order made by telephone the Buyer is considered to have become obligated to pay for the product or service they have selected. The total sale amount will be collected from the Buyer’s credit card through the online virtual pos application or if they select payment by bank card, when payment is confirmed.

Article 4 – Delivery Information

Delivery Date : within 7 business days as of the order date

Delivery Address: [●]

Name of Individuals Receiving the Delivery: [●]

Invoice Address: [●]

Article 5- Delivery Expenses

The delivery and cargo expenses are paid by the Buyer. If the Seller declares that they will cover the delivery fee for purchases over a certain amount on their website or that delivery is free as part of a special offer, the delivery expenses are covered by the Seller. If the contracted cargo company specified in Article 7 is used by the Buyer for returns the cargo cost is covered by the Seller.

Article 6- Delivery Time

The product will be delivered within seven (7) business days on average. The delivery of products that cannot be delivered in the specified period, can go up to a maximum of thirty (30) days as of the date an order is submitted according to Legislation. If there is a question of the product not being possible to deliver within the legal maximum thirty (30) day period due to extraordinary circumstances (weather conditions, traffic congestion, earthquake, flood, fire, etc.) outside of the normal sales/delivery conditions, the Seller will inform the Buyer about the delivery. In this situation the Buyer may cancel the order.

Article 7- Form of Delivery

The delivery of orders will be done by the cargo company that the Seller has an agreement with Cargo is delivered by: Yurtiçi Kargo Servisi A.Ş. Courier: Kuryem Teknoloji A.Ş. If the cargo company making the delivery does not have a branch at the Buyer’s location the Buyer must take delivery of the package at the nearest branch to be notified by the Seller (the necessary information on this shall be conveyed to the Buyer by e-mail, SMS or telephone).

The product shall not be delivered to anyone other than the person authorized to receive the delivery specified in the Contract and by the Buyer. The individual receiving the delivery must present identification at the time of delivery. If such individuals do not present their identification the delivery will not be made to them.

If the product that is the subject of the Contract is to be delivered to someone other than the Buyer, the Seller may not be held responsible for that person (s) not accepting delivery of the package.

Article 8 – Buyer’s Commitments

The Buyer hereby declares that they have read and been informed on the information about the basic features, sales price, payment and delivery form for the product that is the subject of the contract on the https://www.nespresso.com/tr/en website and given the necessary confirmation in electronic form.

By confirming this contract in electronic format the Buyer is considered to have confirmed that they received the address, basic features of the products being ordered, the price of the products including tax, forms of payment and delivery and information on their right to withdraw in full and complete form before execution of the distant contracts

The Buyer shall examine the contract subject product before taking delivery of it; and shall not accept crushed, broken, ripped, etc. damaged and defective products from the cargo company. If there are damages or defects on the product as described above the buyer must fill out a damage identification form and have the person making the delivery sign it. If the Buyer notices damages or defects to the product after the delivery that could not be noticed during the delivery they will immediately notify the Seller at the club.turkey@nespresso.com e-mail address.

If, after delivery of the product, the bank or financial institution does not pay the cost of the product to the Seller due to the Buyer’s card being used unfairly or illegally by unauthorized individuals through no fault of the Buyer, as long as the product has been delivered to the Buyer themselves, the product must be returned to the Seller within three (3) days. If the product cost not being paid is the due to the fault or negligence of the Buyer the transport fees shall be borne by the Buyer.

If the Buyer wishes to return the product they have purchased, they accept and undertake not to damage the product and its packaging whatsoever and return the invoice and transport slip upon making the return.

The Buyer hereby accepts, declares and undertakes to do transactions with the consent of the credit card or bank card owner for transactions that require credit card or bank card use for online payments through the website; otherwise they will be exclusively responsible for all expenses and damages, including attorney fees due to return of payment, failure to execute service or similar reasons and shall hold the Seller harmless form any demands resulting from this.

The Buyer hereby declares and undertakes that all the personal information they have provided in the framework of this Contract is true. The Buyer is responsible for the accuracy of their personal information. The Buyer is responsible for all damages suffered by the Seller due to this information not being accurate.

When using the internet the Buyer is considered to have accepted the Website Conditions of Use and the Confidentiality Policy (referred to collectively as the "Policies"). The Buyer hereby accepts, declares and undertakes that they have studied the Policies and that the information or personal data they have shared while shopping online will be processed according to the Policies.

When the Buyer’s clear consent is necessary on this platform, the Seller will process their personal data according to the Policies and the obtained clear consent on the condition of getting clear consent from the Buyer. In situations that are exceptions and do not require the Buyer’s clear consent according to Legislation and Policies, the Buyer’s personal data may be processed by the Seller without asking for their clear consent. Examples to this type of processing are processed done by the Seller or members of the group companies they are included in, existing or future participations, affiliated companies, successors and/or service provider third parties and/or companies to the degree that is necessary for the execution of this distant contract and delivery of the products; transfers made for this purpose to third party recipient groups specified in these Policies or administrative offices and judicial offices. In this scope the Buyer hereby accepts, declares and undertakes that they have been informed of all the processing in which their clear consent is not required.

Article 9 – The Seller’s Commitments

The Seller undertakes to deliver the product subject to the contract in working condition, in full, in accordance with the specifications specified in the order and with warranty documents and user manuals in cases where such documentation is required in accordance with the legislation.

If the Seller fails to fulfill their obligations under the contract if the delivery of the product subject to the contract becomes impossible, they shall notify the Buyer of this situation and may supply a different product of equal quality and price, at the seller's discretion, or refund the payment for the product.

With regard to payments made by the Buyer’s card, if the product is cancelled, the Seller shall refund the payment to the relevant bank within fourteen (14) days after the order was cancelled by the Buyer. After the Seller refunds the amount of the cancelled order to the relevant bank, the Seller is not responsible for the length of time it takes for the bank to return the amount in question.

The seller offers its products at the available quantity limited to their stock.

Article 10 – Right of Withdrawal

The Buyer has the right of withdrawal from the contract without any legal or criminal liability by rejecting the product subject to the contract without any justification within fourteen (14) days from the date of receipt of the product. The period of withdrawal starts from the day the Buyer receives the product. However, the Buyer may not use the right of withdrawal for products that are considered food products. Nespresso capsule coffees are considered food products.

The Buyer shall notify their exercise of the right of withdrawal in writing by sending email to club.turkey@nespresso.com or via permanent data store. All right of withdrawal notices must include the number of the order subject to withdrawal, the product and quantity of the product subject to withdrawal, and the telephone number.

If the right of withdrawal is exercised, the Buyer shall send the product with the turn in slip to the address below. The Seller shall cover the shipping costs for the return transaction. If the Buyer does not perform the return transaction with the contracted shipping company offered by the Seller, the Buyer shall cover additional shipping expenses.

Return address: [•]

Horizon 2000 Gıda San ve Dış Tic A.Ş

Yahya Kemal Mah. Şair Sokak N:8 Çamser İş Merkezi Giriş Kat Kağıthane İstanbul

When the product subject to the right of withdrawal is returned to the Seller, the original invoice submitted to the Buyer during the delivery of the product must be returned as well. The return section of the invoice to be returned with the product must be completed and signed by the Buyer.

Following the exercise of the right of withdrawal, the Buyer must return the product to the Seller within ten (10) days from the date on which the notice of the right of withdrawal was sent to the Seller. The products to be returned within the exercise of the right of withdrawal must be delivered with the box, packaging, standard accessories, if any, and the products given as gifts with the product.

If the Buyer exercises the right of withdrawal, the Seller undertakes to refund the Buyer for the total amount received and any documents that place the Buyer in debt, within fourteen (14) days at the latest from the date of receipt of the withdrawal notice without any cost.

For the right of withdrawal to be exercised, the packaging of the products must be unopened, intact and unused. In addition, there are products that may not be subject to the right of withdrawal due to their nature. Products which cannot be returned due to their nature are as follows: (i) products prepared in accordance with personal needs or special requests of the Buyer (including special products imported/procured from within or outside the country as per the Buyer’s order), (ii) perishable items such as food or products that can pass the expiration date, (iii) products with broken packaging, packing tape, seal, or package after delivery, or health and hygiene products that are not returnable, (iv) goods that are mixed with other products after delivery and cannot be separated due to their nature, (v) all services performed instantly in electronic environment and any non-material goods delivered instantly to the consumer, (vi) goods or services with price changes due to fluctuations in financial markets and which are not under the control of the Seller; (vii) the services which are performed within the period of the right of withdrawal with the approval of the Buyer and (viii) other goods and/or services which are generally considered outside the scope of distant sales in accordance with the relevant legislation and the products purchased by the Buyer for commercial purposes.

Nespresso capsule coffees are considered food product and may not be subject to the right of withdrawal.

Article 11 - Equipment Warranty and After-sales Services

NESPRESSO machines are warranted by manufacturers in accordance with the terms and conditions listed on the original product document, without prejudice to your legal consumer rights.

For any questions, help and advice regarding the operation, maintenance and after-sales services of your Nespresso machine, please call the Nespresso Club on 444 2021 or send an email to club.turkey@nespresso.com.

Article 12- Complaint and Objections

If the Buyer has a complaint or request regarding products provided by the Seller, they may forward such requests and complaints to the Seller via the contact information mentioned above.

Article 13 – Resolution of Conflicts

This agreement is subject to Turkish law. Any disputes that may arise from this contract shall be resolved by Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade, by Consumer Courts over the specified value, and in the absence of Consumer Courts – by Civil Courts of General Jurisdiction.

PRELIMINARY INFORMATION FORM

1.Seller Information :

Title : Nespresso Turkey Gıda Ticaret Anonim Şirketi

Address: Büyükdere Caddesi Nurol Plaza No:255 A- Blok Kat:6 34398,Maslak/Sarıyer, İstanbul

MERSİS No: 0631135630200001

Telephone: 0212 329 6000 / 0800 211 0100

Faks: 0212 329 6041

Web Address: https://www.nespresso.com/tr/en

E-mail: club@nespresso.com.tr

The Cargo Company that the Buyer Will Send the Goods to In Case of Return: Yurtiçi Kargo Servisi A.Ş.

The Courier Company that the Buyer Will Send the Goods to In Case of Return: Kuryem Teknoloji A.Ş

2. The Main Qualities and Price of the Product that is the Subject of the Contract (Including VAT)

2.1. The type, amount and sales price including taxes and the delivery information for the product that is the subject of the contract is provided below.

Product Name and Code	Quantity	Total Cost Including VAT
[●]	[●]	[●]
Cargo Cost	[●]	[●]
Service Fee	[●]	[●]

For capsule coffees 1% VAT and for machines and accessories 18% VAT is applied.

Payments can be made through the virtual pos application for orders submitted on the website and by credit card or bank card through mail order on orders submitted by telephone. No payment on delivery is accepted.

Principles Concerning Delivery

The details on delivery are provided below.

Delivery Time: 7 business days as of the order date

Delivery Address: [●]

Name of people to receive the order: [●]

Invoice Address: [●]

Withdrawal Rights and Exercising of Right

The Buyer cannot exercise withdrawal rights on products of a food nature. Nespresso capsule coffees are of a food nature. Concerning other products, the Buyer may exercise withdrawal rights without undertaking any legal or punitive responsibility, without giving a reason and without paying any kind of penalty within fourteen (14) days per the provisions of article 9 under the Distance Contracts Regulation. The period for withdrawal rights starts as of the day the Buyer takes delivery of the product.

The buyer will submit notification that the withdrawal right is being exercised in writing to the club@nespresso.com.tr e-mail address or through a permanent data custodian. All withdrawal right notifications must include relevant order number, the product and amount subject to the withdrawal and a telephone number.

If the right to withdraw is exercised, the Buyer shall send the product to the following address with a return form. The Seller shall pay shipping expenses for the return. If the Buyer does not use the cargo company under contract with the Seller, the Buyer must bear the shipping expenses.

Return Address:

Horizon 2000 Gıda San ve Dış Tic A.Ş.- Nespresso Turkey Dağıtım Merkezi Yahya Kemal Mah. Şair Sokak N:8 Çamser İş Merkezi Giriş Kat Kağıthane İstanbul

While the product that is the subject of the withdrawal is being returned to the Seller the original invoice that was presented to the Buyer upon delivery of the product must also be returned. The return portion of the invoice being returned with the product must be filled out and returned after the Buyer has signed it.

After the withdrawal right is exercised, the Buyer must return the product to the Seller within ten (10) days as of the date that the notification of withdrawal is submitted to the Seller. The box, packaging, standard accessories if any and products that are provided as a gift with the main product must be returned along with the products being returned when a withdrawal right is exercised.

In order to be able to exercise withdrawal rights, the packaging of the products being returned must not be opened or tampered with and the product must be unused. Also, in contracts on the following products there is no withdrawal right even if they have not been used/utilized: (i) Products that have been prepared according to the Buyer’s special requests or personal needs (including special products that are imported/supplied from within the country or abroad in response to the Buyer’s order), (ii) products that are perishable or may expire like foods, (iii) products on which there are protective elements like wrapping, tape, seal, packing that may compromise health and hygiene if opened after delivery (iv) products that are mixed with other products after delivery and are not possible to separate out due to their nature (v) all services that are executed instantly in electronic format and non material goods delivered to the consumer immediately, (vi) goods or services for which the prices change due to fluctuations in the financial market and are not under the control of the Seller, (vii) services that start to be executed within the withdrawal right period with the acceptance of the Buyer and (viii) other goods and/or service that are considered excluded from distant sales in general by relevant regulations and products purchased by the Buyer for commercial purposes.

If the Buyer exercises their right to withdraw, the Seller is obligated to return the total fee they have received and any valuable documents that obligate the Buyer financially and any other similar documents to the Buyer free of charge within 14 (fourteen) days as of the date that the withdrawal notification is received by the Seller.

Complaints and Objections

If the Buyer has any complaints or demands concerning the products supplied by the Seller, they may submit such demands and complaints to the Seller using the contact information provided above.

Authorized Court

This Contract is subject to Turkish law. Up to the value declared by the Ministry of Customs and Trade the Consumer Arbitrary Committee, over the declared value the Consumer Courts and where Consumer Courts are not available the Legal Courts of First Instance are authorized in any disputes arising from this Contract.

The Buyer shall declare and undertake that they have read, acknowledged and accepted the Preliminary Information Form on the Website unconditionally.

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