DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement is signed between the following parties under the terms and conditions set forth below.
A. ‘BUYER’; (hereinafter referred to as “BUYER” in the agreement)
NAME-SURNAME:
ADDRESS:
A. ‘SELLER’; (hereinafter referred to as “SELLER” in the agreement)
NAME-SURNAME: Arma Nutrition Support and Cosmetics Products Industry Trade Ltd. Co.
ADDRESS: Göktürk Merkez Mahallesi Belediye Caddesi No:13/15 Koray Bianco Çarşı Eyüpsultan/Istanbul
By accepting this Agreement, the BUYER acknowledges that upon confirming the order, they will be obligated to pay the order price and any additional fees specified, such as shipping and taxes, and that they have been informed of this.
2. DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall refer to the written explanations they contain.
MINISTER: The Minister of Customs and Trade
MINISTRY: The Ministry of Customs and Trade
LAW: Law No. 6502 on Consumer Protection
REGULATION: Regulation on Distance Contracts (Official Gazette: November 27, 2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised for a fee or benefit
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or on behalf of those offering goods
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes
WEBSITE: The SELLER's website
ORDERER: A natural or legal person who requests a good or service through the SELLER's website
PARTIES: SELLER and BUYER
CONTRACT This agreement between the SELLER and the BUYER.
GOODS: This agreement refers to the movable goods and software, audio, video, and similar intangible goods prepared for use in an electronic environment.
3. SUBJECT
This agreement governs the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the specifications and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.
The prices listed and announced on the website are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Arma Nutrition Support and Cosmetics Products Ind. Trade Ltd. Şti
Address: Göktürk Merkez Mahallesi Belediye Caddesi No: 13/15 Koray Bianco Çarşı Eyüpsultan/Istanbul
Phone: +90 0505 311 11 33
Fax: **************
Email: [email protected]
5. BUYER INFORMATION
Delivery Person
Delivery Address
Phone
Fax
Email/Username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE CONTRACT
1. The basic characteristics (type, quantity, brand/model, color, number) of the goods/products/services are published on the SELLER's website. If a seller has run a campaign, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the website are the sales price. Advertised prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description
Quantity
Unit Price
Subtotal
(VAT Included)
Shipping Amount
Total:
Payment Method and Schedule
Delivery Address
Delivery Person
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the invoice address along with the order upon delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the product subject to the contract on the SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address to be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products including taxes, and the accurate and complete payment and delivery information.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days.If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract complete, in accordance with the specifications specified in the order, and accompanied by warranty documents, user manuals, and any necessary information and documentation. The SELLER agrees, declares, and undertakes to perform the work in accordance with the principles of honesty and integrity, free from any defects and in accordance with legal requirements and standards. The SELLER agrees to maintain and improve service quality, to exercise due care and diligence during the performance of the work, and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their express consent before the expiration of the contractual performance obligation.
9.5. If the SELLER is unable to fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days of becoming aware of this situation and to refund the total price to the BUYER within 14 days.
9.6. The BUYER agrees, declares, and undertakes to electronically confirm this Agreement for the delivery of the contractual product. If, for any reason, the price of the contractual product is not paid and/or is cancelled in bank records, the SELLER's obligation to deliver the contractual product will terminate.
9.7. If, after the delivery of the contractual product to the BUYER or the person and/or entity at the address provided by the BUYER, the relevant bank or financial institution fails to pay the SELLER the price of the contractual product due to unauthorized use of the BUYER's credit card, the BUYER agrees, declares, and undertakes to return the contractual product to the SELLER within 3 days, shipping costs being borne by the SELLER.
9.8. If the SELLER is unable to deliver the contract product within the specified time due to force majeure events beyond the parties' control, unforeseen circumstances that prevent and/or delay the fulfillment of the parties' obligations, the SELLER acknowledges, declares, and undertakes to notify the BUYER. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventive circumstances are resolved. If the order is canceled by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER acknowledges, declares, and undertakes that the average time it takes for the bank to reflect the amount refunded to the SELLER's credit card into the BUYER's account can be 2 to 3 weeks. Since the reflection of this amount in the BUYER's account after the refund to the bank is entirely related to the bank's transaction process, BUYER cannot hold SELLER responsible for any possible delays.
9.9. SELLER has the right to contact BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone calls, and other means, using the address, email address, landline and mobile phone numbers, and other contact information provided by BUYER on the website registration form or subsequently updated by BUYER. By accepting this agreement, BUYER acknowledges and declares that SELLER may engage in the aforementioned communication activities.
9.10. BUYER will inspect the goods/services subject to this agreement before accepting them; damaged or defective goods/services, such as those with crushed, broken, torn packaging, etc., will not be accepted by the courier company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the credit card holder's identification and contact information, a previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming the credit card's ownership. The order will be frozen until the BUYER provides the requested information/documents. If these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER agrees that the personal and other information he provided while registering to the SELLER's website is true and correct, and that he will compensate the SELLER for any damages he may incur due to the untruthfulness of this information, immediately, in cash and at once, upon the first notification of the SELLER.This Agreement declares and undertakes that it will not violate the terms and conditions of the SELLER's website.
9.13. The BUYER hereby agrees and undertakes to comply with and not violate the provisions of applicable laws and regulations when using the SELLER's website. Otherwise, all legal and criminal liabilities arising will be fully and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasss others, for any illegal purpose, or infringes on the material or moral rights of others. Furthermore, the member may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others from using the services.
9.15. Links may be provided through the SELLER's website to other websites and/or other content not under the SELLER's control and/or owned and/or operated by third parties. These links are provided for the BUYER's convenience and do not endorse any website or the person operating that website, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the provisions of this agreement shall be personally liable for legal and criminal penalties arising from such violation and shall hold the SELLER harmless from any legal and criminal consequences of such violations. Furthermore, if the matter is brought before the courts due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the goods to the BUYER or the person/entity at the address provided, without assuming any legal or criminal liability and without providing any justification, provided that the BUYER notifies the SELLER. For distance contracts related to the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where service performance begins with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from exercising the right of withdrawal are the responsibility of the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed of the right of withdrawal.
10.2. To exercise the right of withdrawal, written notice must be sent to the SELLER by registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used in accordance with the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. If this right is exercised,
a) The invoice for the product delivered to a third party or the BUYER (If the invoice for the product being returned is from a corporate entity, it must be sent along with the return invoice issued by the institution. Returns of orders with invoices issued for corporate entities will not be processed unless a RETURN INVOICE is issued.)
b) The return form
c) The products to be returned must be returned complete and undamaged, including the box, packaging, and any standard accessories.
d) The SELLER is obligated to return the total price and any documents binding the BUYER to the BUYER within 10 days of receiving the notice of withdrawal, and to accept the return within 20 days.
e) If the value of the goods decreases due to the BUYER's fault, or if return becomes impossible, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
f) If the campaign limit set by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Under the Regulation, returns of underwear, swimsuits and bikini bottoms, makeup, disposable products, products that are prepared at the BUYER's request or clearly for their personal needs and are not suitable for return, products that are at risk of rapid deterioration or expiration, products that are unsuitable for return due to health and hygiene reasons if the BUYER opens the packaging after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided under a subscription agreement, services performed instantly electronically or intangible goods delivered to the consumer immediately, audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables cannot be returned if the packaging has been opened by the BUYER. In addition, the right of withdrawal is subject to execution with the consumer's approval before the expiry of the period.Exercising the right of withdrawal regarding services rendered is not possible pursuant to the Regulation.
Cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) can be returned only if their packaging is unopened, untested, undamaged, and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER acknowledges, declares, and undertakes that if payment is made by credit card and the BUYER goes into default, they will pay interest and be liable to the bank in accordance with the credit card agreement between the cardholder and the bank. In such a case, the bank may take legal action. BUYER may claim the costs and attorney fees incurred from the BUYER. Under all circumstances, if the BUYER defaults on its debt, the BUYER acknowledges, declares, and undertakes to pay the SELLER for any losses and damages incurred by the SELLER due to delayed payment of the debt.
13. AUTHORIZED COURT
Complaints and objections arising from disputes arising from this contract shall be submitted to the consumer problems arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was conducted, within the monetary limits specified in the following law. Information regarding the monetary limit is provided below:
Effective May 28, 2014:
a) In accordance with Article 68 of Law No. 6502 on Consumer Protection, disputes valued under 2,000.00 (two thousand) TL shall be referred to district consumer arbitration committees.
b) Disputes valued under 3,000.00 (three thousand) TL shall be referred to provincial consumer arbitration committees.
c) In provinces with metropolitan status, disputes valued between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL shall be referred to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
By completing payment for an order placed through the Site, the BUYER is deemed to have accepted all the terms of this Agreement. The SELLER is responsible for making the necessary software adjustments to ensure that the BUYER has read and accepted this agreement on the website before the order is placed.
SELLER:
BUYER:
DATE: