DISTANCE SALES CONTRACT

ARTICLE 1 - PARTIES :

SALES PERSON: 

Commercial title: hairmdturkiye.com

Address: Karayolları Mahallesi Cebeci Cd. No:204 / A Gaziosmanpaşa / İstanbul

Mercy Number: : 2160-7466-3720-0015

Telephone : +90 212 477 00 11

e-mail : [email protected]

BUYER / PERSON

Name Surname :

Adress :

Telephone :

ARTICLE 2 - SCOPE OF THE CONTRACT:

This contract is based on the Law on the Protection of Consumers No. 4077 and the Law No. 4077 on the Protection of Consumers regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically (e-commerce) from the SELLER's website https://www.hairmdturkiye.com It determines the rights and obligations of the parties in accordance with the provisions of the Regulation on Distance Contracts.

ARTICLE 3- PRELIMINARY INFORMATION:

Sales person

a) Basic features of the goods or services subject to the contract,

b) Name or description of the seller or provider, MERSİS number, if available, telephone number and similar contact information

c) If the seller or provider has different contact information where the consumer can convey his/her complaints, information regarding these,

ç) The total price of the goods or service, including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, all transportation, delivery and similar additional costs, if any, and information that additional costs may be paid if these cannot be calculated in advance.,

d) In cases where the fee for using the remote communication tool cannot be calculated based on the normal fee schedule during the establishment of the contract, the additional cost imposed on the consumers,

e) Information regarding payment, delivery, performance and related commitments, if any, and the seller's or provider's solution methods for complaints,

f) In cases where there is a right of withdrawal, information about the conditions, duration, procedure and carrier specified by the seller for the return of this right,

g) Full address, fax number or e-mail information to which the withdrawal notification will be made,

ğ) Information regarding the inability to use the money, hygiene not being able to get out of the right of withdrawal, or how to benefit from the withdrawal loss.,

h) Deposits or other financial guarantees that must be paid or provided by the consumer, if any, upon the request of the seller or provider, and the conditions related to them,

ı) Technical protection measures, if any, that may affect the functionality of digital contents,

i) Information about what hardware or software the digital content can work with that the seller or provider knows or can reasonably be expected to know.,

j) The Seller accepts and declares that the Consumers can make their applications regarding the dispute to the Consumer Court or the Consumer Arbitration Tribunal in accordance with the provisions of this contract and that the Seller has been informed in accordance with the internet environment on all these issues, confirmed this preliminary information electronically and then ordered the goods. The preliminary information on the website https://www.hairmdturkiye.com and the invoice issued upon the order placed by the buyer are integral parts of this contract..

ARTICLE 4- PRODUCT AND DELIVERY INFORMATION:

The type and type, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information and shipping fee of the product(s) purchased electronically are as stated in the order summary. The SELLER reserves the right to stop the order when it deems it necessary, when the information provided by the BUYER does not correspond to reality..

ARTICLE 5- CONTRACT DATE, DELIVERY, FORCE MAJEURE:

5.1. Contract date is the date the order is placed by the buyer.

5.2. Delivery costs of the Goods/Service belong to the Buyer. If the Seller declares on the website that the delivery fee will be covered by the Seller, the delivery costs will be borne by the Seller. Delivery of goods; It is carried out within the promised time after the seller's stock is available and the payment is made. The Seller delivers the Goods/Service within 1 (one) - 7 (seven) business days following the Buyer's Goods/Service order, and additional payments are made within this period.         reserves the right to extend the period for 7 (seven) business days.

5.3. Force majeure (natural disaster, war) is a situation that does not exist or was not foreseen at the time the contract was signed, develops beyond the control of the parties, and makes it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the contract or to fulfill them on time. , terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party where force majeure occurs will notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.

ARTICLE 6 - RIGHTS AND OBLIGATIONS OF THE SELLER:

6.1. The seller accepts and undertakes to fully fulfill the obligations imposed on her in the contract in accordance with the provisions of the Law on Consumer Protection No. 4077 and the Regulation on Distance Contracts, except for force majeure.

6.2. The Seller fulfills its obligation in the contract by delivering to the Buyer the Goods/Service purchased by the Buyer..

6.3. You can shop at https://www.hairmdturkiye.com by credit card (Visa, MasterCard, Debit card) or by paying at the door for purchases over a certain value and for corporate purchases. The processing time for orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account. Payment methods such as pre-paid postage or postal check made without consulting customer services will not be accepted..

ARTICLE 7 - RIGHTS AND OBLIGATIONS OF THE BUYER:

7.1. The Buyer accepts and undertakes to fully fulfill the obligations imposed on her in the contract, excluding force majeure.

7.2. The Buyer accepts and undertakes that by placing an order, he/she is deemed to have accepted the terms of the business contract and will make the payment in accordance with the payment method specified in the contract..

7.3. Buyer. From the https://www.hairmdturkiye.com website, the seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has clear, understandable and internet-friendly information on the subject and that he confirms this preliminary information electronically.

7.4. The Buyer must inspect the Goods/Service subject to the Contract before receiving them to ensure that they are not damaged, broken, the packaging is torn, etc. Damaged and defective goods/services should not be received from the cargo company. If he takes it, the responsibility rests entirely with him. The Goods/Service received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility for the Goods/Service and any damages belong to the Buyer...

7.5. After the delivery of the Goods/Service, if the relevant bank or financial institution does not pay the price of the goods/service to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer shall not be delivered to him/her. is obliged to return the Goods/Service to the Seller within 3 (three) days. In this case, delivery expenses belong to the Buyer..

7.6. If the buyer wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.

7.7. If it is understood that the goods subject to the contract cannot be supplied and/or there is a stock problem, another good of the same quality and price can be sent to the Buyer if the Buyer is immediately informed and approved in a clear and understandable manner. or in line with the buyer's request and preference; A new product may be sent, the product may be expected to be in stock, or other obstacles to delivery may be eliminated and/or the order may be cancelled..

ARTICLE 8 - RIGHT OF WITHDRAWAL :

The buyer has the right to withdraw from the contract within 14 (fourteen) days after receiving the goods, without giving any reason and without paying any penalty. In order to exercise the right of withdrawal, it is necessary to notify the Seller within this period in accordance with the provisions of the legislation..

In case the right of withdrawal is exercised:

a) It is mandatory to return the product delivered to the Buyer or the third party notified by the Buyer with the above information..

b) The products to be returned within 14 (fourteen) days must be delivered in full and undamaged condition, including its box, packaging, standard accessories, if any, and other products gifted with the product.

c) The product price will be returned to the BUYER as paid within 10 (ten) days following the exercise of the right of withdrawal and receipt of the notification.

d) When returning the product to the Seller, the original invoice submitted to the Buyer during product delivery must also be returned. Return shipping cost belongs to the Seller. The return section of the invoice to be returned with the product will be filled in and signed by the Buyer.

e) The right of withdrawal period starts from the day the goods are delivered to the buyer.

f) In cases where any opening, deterioration, breakage, destruction, tearing, use or other situations are detected in the product and its packaging purchased by mistake, and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be returned and the price will not be refunded..

ARTICLE 9 - SITUATIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED :

a) Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.

b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.

c) Contracts for the delivery of goods that are perishable or may expire quickly.

ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.

d) Contracts regarding goods that are mixed with other products after delivery and whose parts cannot be separated.

e) Contracts regarding books, digital content and computer consumables presented in tangible form, if the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods...

f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.

g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

ğ) Contracts regarding services whose performance begins with the approval of the consumer before the right of withdrawal expires.

ARTICLE 10 - CONFIDENTIALITY AND MEMBERSHIP:

The Privacy Agreement and Membership Agreement on the website https://www.hairmdturkiye.com , whether registered or not, whether these agreements are registered or not..

ARTICLE 11- DEFAULT OF THE BUYER:

11.1. If the buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may request the incurred costs and attorney fees from the Buyer. The seller has no responsibility in this regard.

11.2. If the Buyer defaults in receiving the product and is not present at the delivery address notified by the Buyer, the relevant product will be received from the relevant branch of the cargo company within 3 (three) days at the latest. Otherwise, the Seller is deemed to have fulfilled the contract and the shipping (cargo) expenses for the product shipped for the second time upon the Buyer's request belong to the Buyer. 

ARTICLE 12 - EVIDENCE CONTRACT:

The Buyer acknowledges that, in case of disputes that may arise from this Agreement, the Seller's official books and commercial records, as well as the electronic information and computer records kept in its database and servers, will constitute binding, definitive and exclusive evidence, and that this article is evidence within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is in the nature of a contract.

ARTICLE 13 - COMPETENT COURTS AND ENFORCEMENT OFFICES FOR DISPUTES:

In case of a dispute arising from the implementation of this agreement, Consumer Arbitration Committees and TURKEY/İSTANBUL/Bakırköy Consumer Courts are authorized up to the value declared by the Ministry of Industry and Trade in December every year..

ARTICLE 14 - FINAL PROVISION:

This Agreement, consisting of 14 (fourteen) articles, has been concluded by being read by the Parties and approved electronically by the Buyer, and has entered into force immediately.

SALES PERSON                                            BUYER

Elit Pharma Kozmetik ve İlaç Sanayi Tic. Ltd. Şti.

www.hairmdturkiye.com

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