Distance Sales Agreement

Distance Sales Agreement

1. PARTIES

This Agreement has been executed between the parties below, within the framework of the terms and conditions set forth herein.

‘BUYER’; (hereinafter referred to as the "BUYER" in this agreement)

The buyer's name-surname, address, telephone, and email information are the details provided during the order process and included in the order confirmation.

‘SELLER’; (hereinafter referred to as the "SELLER" in this agreement)

TITLE: Kozmoklinik

ADDRESS: Icerenkoy Mah. Bahcelerarasi Sok. No:43 Kat:24 Atasehir/Istanbul

PHONE: 0850 650 34 34

E-MAIL: destek@guzellikburada.com

WEBSITE: guzellikburada.com

By accepting this agreement, the BUYER acknowledges and agrees in advance that, if the BUYER confirms the order that is the subject of this agreement, the BUYER will be obligated to pay the order amount and, if applicable, any stated additional charges such as shipping fees and taxes, and that the BUYER has been informed in this regard.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms set out below shall mean the written explanations provided opposite them.

MINISTER: the Minister of Customs and Trade (Turkey),

MINISTRY: the Ministry of Customs and Trade (Turkey),

LAW: Law No. 6502 on the Protection of Consumers (Turkey),

REGULATION: Regulation on Distance Contracts (RG:27.11.2014/29188) (Turkey)

SERVICE: The subject of any consumer transaction other than the supply of goods, performed or undertaken to be performed in return for a fee or benefit,

SELLER: The company that offers 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 party offering goods,

BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The SELLER’s website,

ORDERING PARTY: the natural or legal person who requests a good or service via the SELLER's website,

PARTIES: the SELLER and the BUYER,

AGREEMENT: this agreement executed between the SELLER and the BUYER,

GOODS: the movable property subject to the purchase, as well as software, audio, visual, and similar intangible goods prepared for use in an electronic environment.

3.SUBJECT MATTER

This Agreement governs the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on the Protection of Consumers (Turkey) and the Regulation on Distance Contracts (Turkey), regarding the sale and delivery of the product, the specifications and sale price of which are stated below, which the BUYER orders electronically through the SELLER’s website.

The prices listed and posted on the website are sale prices. Posted prices and promises remain valid until they are updated and changed. Time-limited posted prices remain valid until the end of the specified period.

4. SELLER INFORMATION

Trade Name: ...

Address:...
Phone:
Fax
Email: ...

5. BUYER INFORMATION

Recipient

Delivery Address

Phone
Fax
Email/username

6. ORDERING PARTY INFORMATION

First Name/Last Name/Title

Address
Phone
Fax
Email/username

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

1. The main characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number of units) are published on the SELLER’s website. If a campaign is organized by the Seller, you may review the main characteristics 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 sale prices. The announced prices and promises remain valid until they are updated and changed. Prices announced for a limited period remain valid until the end of the specified period.

7.3. The sale price of the goods or service subject to the Agreement, including all taxes, is shown below.

Payment Method and Plan

Delivery Address

Person to Receive the Delivery

Billing Address

Order Date

Delivery Date

Delivery Method

7.4. The shipping fee, which is the product shipment cost, shall be paid by the BUYER.

8. INVOICE INFORMATION

First Name/Last Name/Title

Address
Phone
Fax
Email/username

Invoice delivery: The invoice will be delivered together with the order to the billing address during order delivery.
It will be delivered.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that they have read and understood the preliminary information regarding the main characteristics of the product subject to the agreement, the sale price and method of payment, and the delivery terms on the SELLER’s website, and that they have provided the required confirmation electronically. The BUYER accepts, declares, and undertakes that, by confirming the Preliminary Information electronically, prior to the execution of the distance sales agreement, they have obtained, accurately and in full, the address that must be provided to the BUYER by the SELLER, as well as the main features of the ordered products, the products’ prices including taxes, and the payment and delivery information.

9.2. Each product covered by this Agreement shall be delivered to the BUYER or to the person and/or organization at the address designated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance to the BUYER's place of residence, provided that this period does not exceed the statutory period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the Agreement is reserved.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement in full, in accordance with the specifications stated in the order, and, if any, together with warranty certificates, user manuals, and the information and documents required by the nature of the work; to perform its obligations on the basis of accuracy and honesty by providing the product free from any defects in accordance with the requirements of applicable legislation, in a sound manner and compliant with standards; to maintain and improve service quality; to exercise the necessary care and diligence during performance; and to act with prudence and foresight.

9.4. The SELLER may supply a different product of equal quality and price, provided that it informs the BUYER and obtains the BUYER's explicit approval before the expiry of the period for performance arising from the agreement.

9.5. THE SELLER agrees, represents, and undertakes that, in the event it becomes impossible to fulfill the product or service subject to the order, and therefore the SELLER cannot perform its contractual obligations, it will notify the BUYER in writing within 3 days from the date it becomes aware of such circumstance, and will refund the total amount to the BUYER within 14 days.

9.6. The BUYER agrees, represents, and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that, if for any reason the price of the product subject to the Agreement is not paid and/or is canceled in bank records, the SELLER’s obligation to deliver the product subject to the Agreement will terminate.

9.7. If, after delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address designated by the BUYER, the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution due to the unfair unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER acknowledges, declares, and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.

9.8. The SELLER accepts, represents, and undertakes that if, due to force majeure events such as circumstances that occur beyond the will of the parties, could not be foreseen in advance, and prevent and/or delay the parties from fulfilling their obligations, the SELLER cannot deliver the product subject to the agreement within the specified time, it will notify the BUYER. The BUYER is entitled to request from the SELLER that the order be canceled, that the product subject to the agreement be replaced with an equivalent (if any), and/or that the delivery period be postponed until the obstructing circumstance is eliminated. In the event the BUYER cancels the order, for payments made by the BUYER in cash, the product amount will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by the BUYER by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, represents, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that since the reflection of this amount in the BUYER's accounts after it is refunded to the bank is entirely related to the bank transaction process, the BUYER may not hold the SELLER responsible for any possible delays.

9.9. The SELLER has the right to contact the BUYER for communication, marketing, notifications, and other purposes via letter, email, SMS, phone call, and other means, using the address, email address, landline and mobile phone numbers, and other contact information stated by the BUYER in the site registration form or later updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may carry out the communication activities stated above in relation to the BUYER.

9.10. The BUYER shall inspect the goods/service subject to the contract before taking delivery; the BUYER shall not accept from the shipping company any damaged or defective goods/service (such as dented, broken, torn packaging, etc.). Goods/service that are accepted shall be deemed to have been delivered undamaged and in good condition. After delivery, the obligation to carefully protect the goods/service belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.

9.11. In the event that the BUYER and the holder of the credit card used at the time of placing the order are not the same person, or if a security vulnerability is detected in relation to the credit card used for the order prior to delivery of the product to the BUYER, the SELLER may request that the BUYER provide the identity and contact information of the credit card holder, the previous month's statement for the credit card used for the order, or a letter from the card holder's bank confirming that the credit card belongs to the card holder. The order will be put on hold during the period 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 represents and warrants that the personal and other information provided while registering as a member on the SELLER’s website is accurate, and undertakes to promptly compensate, in cash and in a lump sum, all damages incurred by the SELLER due to any inaccuracy of such information, immediately upon the SELLER’s first notice.

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

9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates public morals, disturbs or harasses others, is for an unlawful purpose, or infringes upon the material and moral rights of others. In addition, the member may not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or make it difficult for others to use the services.

9.15. Links may be provided on the SELLER’s website to other websites and/or other content that are not under the SELLER’s control and/or that are owned and/or operated by other third parties. These links are provided to make it easier for the BUYER to navigate and do not constitute an endorsement of any website or the person operating that website, nor do they constitute any guarantee regarding the information contained on the linked website.

9.16. The member who violates one or more of the provisions listed in this agreement shall be personally liable, criminally and legally, due to such violation, and shall hold the SELLER harmless from the legal and criminal consequences of these violations. In addition, due to such violation, if the matter is referred to the legal authorities, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. BUYER; if the distance contract relates to the sale of goods, may exercise the right of withdrawal by rejecting the goods, without assuming any legal or criminal liability and without providing any reason, provided that the SELLER is notified within 14 (fourteen) days from the date the product is delivered to the BUYER or to the person/entity at the address indicated by the BUYER. In distance contracts relating to the provision of services, this period starts as of the date the contract is signed. The right of withdrawal may not be exercised in service contracts where performance of the service has started with the consumer’s approval before the end of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, the BUYER must send written notice to the SELLER by registered mail with return receipt, fax, or email within 14 (fourteen) days, and the product must be unused within the scope of the provisions of this agreement titled "Products for Which the Right of Withdrawal Cannot Be Exercised." In the event this right is exercised,

a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice for the product requested to be returned is a corporate invoice, it must be sent together with the return invoice issued by the institution when returning. Returns of orders invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.)

b) The return form,

c) The box and packaging of the products to be returned, together with any standard accessories, if any, must be delivered complete and undamaged.

d) The SELLER is obliged, within no later than 10 days from the date the notice of withdrawal reaches it, to refund the total amount and any documents that place the BUYER under debt to the BUYER, and to take back the goods within 20 days.

e) If there is a decrease in the value of the goods or a return becomes impossible due to a reason arising from the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages in proportion to the BUYER’s fault. However, within the withdrawal period, the BUYER is not responsible for changes and deterioration occurring due to the proper use of the goods or product.

f) If, due to the exercise of the right of withdrawal, the order total falls below the campaign limit amount set by the SELLER, the discount amount received under the campaign will be canceled.

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

Goods that are prepared in line with the BUYER’s request or clearly based on the BUYER’s personal needs and are not suitable for return, underwear bottoms, swimsuits and bikini bottoms, makeup products, single-use products, goods that are at risk of spoiling quickly or likely to pass their expiration date, products that are not suitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery to the BUYER, products that, after delivery, are mixed with other products and, by their nature, cannot be separated, goods relating to periodicals such as newspapers and magazines, other than those provided under the subscription agreement, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, cannot be returned pursuant to the Regulation (Turkey). In addition, exercising the right of withdrawal in relation to services whose performance has started with the consumer’s approval before the withdrawal period ends is also not possible pursuant to the Regulation (Turkey).

Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassette tapes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, undamaged, and unused in order to be eligible for return.

12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES

If the BUYER makes payment transactions by credit card and falls into default, the BUYER accepts, represents, and undertakes that they will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case, the relevant bank may pursue legal remedies; it may demand from the BUYER any costs and attorneys' fees incurred, and in any event, if the BUYER falls into default due to the BUYER's debt, the BUYER accepts, represents, and undertakes that they will compensate the SELLER for any losses and damages suffered due to the delayed performance of the debt

13. AUTHORIZED COURT

In disputes arising from this agreement, complaints and objections shall be submitted, within the monetary limits specified in the law below, to the consumer arbitration committee or the consumer court located where the consumer resides or where the consumer transaction was carried out.

14. EFFECTIVE DATE

When the BUYER completes payment for the order placed through the Site, the BUYER shall be deemed to have accepted all terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site prior to completion of the order.

SELLER:...

BUYER:

DATE: