Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the parties below within the terms and conditions stated below.
A. ‘BUYER’ ; (hereinafter referred to as "BUYER" in the agreement)
B. ‘SELLER’ ; (hereinafter referred to as "SELLER" in the agreement)
NAME-SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges in advance that if they approve the order subject to the agreement, they will be obliged to pay the price of the order and any additional fees stated, such as shipping fees, if any, and that they have been informed in this regard.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall express the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law on Consumer Protection numbered 6502,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods, which is performed or promised to be performed for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the goods provider,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The internet site belonging to the SELLER,
ORDERER: A natural or legal person who requests a good or service through the SELLER's internet site,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable property subject to purchase and sale, and intangible goods such as software, audio, video and similar prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically through the SELLER's website.
The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until an update is made and they are changed. Prices advertised for a certain period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Pharmabox Sağlık Ürünleri Ticaret İthalat İhracat Ltd. Şti.
Address: Cihadiye Mahallesi Serik Caddesi. No 199 Aksu Antalya / 07112
Phone: 0242 426 28 28
Email: info@nuvite.com.tr
5. BUYER INFORMATION
Person to be delivered to:
Delivery Address:
Phone:
Fax:
Email/username:
6. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE AGREEMENT
6.1. The basic features of the good/product/products/service (type, quantity, brand/model, color, number) are published on the SELLER's website. If the Seller has organized a campaign, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.
6.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until an update is made and they are changed. Prices advertised for a certain period are valid until the end of the specified period.
6.3. The sales price of the good or service subject to the agreement, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
(Including VAT)
Shipping Amount
Total :
Payment Method and Plan
Delivery Address
Person to be Delivered to
Invoice Address
Order Date
Delivery date
Delivery method
6.4. The shipping fee, which is the product shipment cost, will be paid by the BUYER.
7. 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 during order delivery.
will be delivered.
8. - RULES REGARDING SECURITY-CONFIDENTIALITY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS
Regarding the protection, confidentiality, processing-use of information and communications and other matters on the WEBSITE, the privacy rules-policy and terms, the current principles of which are stated below, are valid.
8.1. Necessary precautions for the security of information and transactions entered by the BUYER on the WEBSITE have been taken in the SELLER's system infrastructure, in accordance with the nature of the information and transaction and the current technical possibilities. However, since the said information is entered from the BUYER's device, the responsibility for taking necessary measures, including those related to viruses and similar harmful applications, to protect them on the BUYER's side and prevent access by unauthorized persons, belongs to the BUYER.
8.2. In addition to and in confirmation of the BUYER's consents-permissions regarding personal data and commercial electronic communications provided by other means; the information obtained during the BUYER's membership and purchases on the WEBSITE may be recorded by the SELLER, C for electronic and other commercial-social communications for various product/service provision and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, for an indefinite period or for the period they foresee, may be stored in printed/magnetic archives, updated, shared, transferred, used and processed by other means when deemed necessary. This data may also be transmitted to the relevant Authority and Courts when legally required. The BUYER has consented to and permitted the use, sharing, processing of existing and new personal and non-personal information within the scope above, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to receive commercial and non-commercial electronic communications and other communications.
8.3. The BUYER can stop data usage-processing and/or communications at any time by reaching the SELLER through the specified communication channels in accordance with legal procedures or by exercising the right of refusal in electronic communications sent to them. According to the BUYER's explicit notification in this regard, personal data processing and/or communications to them will be stopped within the maximum legal period; furthermore, if desired, information other than those legally required to be preserved and/or possible will be deleted from the data recording system or made anonymous in a way that the identity cannot be determined. If the BUYER wishes, they can always apply to the SELLER through the communication channels above and obtain information regarding the processing of their personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result against them arising from analysis by automatic systems, and compensation in case of damage due to unlawful processing of data. Applications and requests in these matters will be fulfilled within the maximum legal periods or may be rejected by explaining the legal justification to them.
8.4. All intellectual and industrial rights and property rights concerning all information and content related to the WEBSITE and their arrangement, revision, and partial/full use belong to the SELLER, except for those belonging to other third parties according to the SELLER's agreement.
8.5. The SELLER reserves the right to make any changes it deems necessary in the matters above; these changes become valid from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.
8.6. On other sites accessed from the WEBSITE, their own privacy-security policies and terms of use apply, and the SELLER is not responsible for any disputes or negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information regarding the basic features, sales price, payment method, and delivery of the product subject to the agreement on the SELLER's website, and has been informed, and has given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained accurate and complete information about the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, and payment and delivery information before the conclusion of the distance sales agreement.
9.2. Each product subject to the contract is delivered to the BUYER or to 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 of the BUYER's settlement, provided that it does not exceed the legal period of 30 days. In case the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement completely, in accordance with the qualifications specified in the order, and with any warranty documents, user manuals, and information and documents required by the work, free from any defects, in a solid manner suitable for standards in accordance with legal regulations, to perform the work based on principles of accuracy and honesty, to maintain and improve service quality, to show necessary care and attention during the performance of the work, and to act with precaution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the expiration of its performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill its obligations under the contract due to the impossibility of providing the product or service subject to the order, it accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will cease.
9.7. If, after the delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address indicated 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 unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER accepts, declares, and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the shipping cost belonging to the SELLER.
9.8. The SELLER accepts, declares, and undertakes to notify the BUYER if it cannot deliver the product subject to the agreement within the due time due to force majeure events such as unforeseen circumstances beyond the control of the parties and preventing and/or delaying the parties from fulfilling their obligations. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the agreement with an equivalent if available, and/or the postponement of the delivery period until the preventing situation is eliminated. In case the order is canceled by the BUYER, the product amount is paid to them in cash and in full within 14 days for payments made by cash. For payments made by credit card, the product amount is refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, 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 the reflection of this amount in the BUYER's accounts after it is refunded to the bank is entirely related to the bank's processing period, and therefore, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via mail, email, SMS, phone calls, and other means, using the address, email address, fixed and mobile phone lines, and other contact information specified by the BUYER in the registration form on the site or updated by them later. The BUYER accepts and declares that by accepting this agreement, the SELLER may engage in the communication activities mentioned above targeting them.
9.10. The BUYER will inspect the goods/services subject to the contract before taking delivery; they will not accept damaged and defective goods/services such as dented, broken, torn packaging, etc. from the shipping company. It will be accepted that the delivered goods/services are undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability related to the credit card used in the order is detected 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 previous month's statement of the credit card used in the order, or a document from the card holder's bank stating that the credit card belongs to them. The order will be put on hold until the BUYER provides the requested information/documents, and if these requests are not met 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 when becoming a member of the SELLER's website is accurate, and that they will immediately compensate the SELLER for all damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification, in cash and in full.
9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities arising will be entirely and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to general morals, harasses and disturbs others, for an unlawful purpose, or infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content not under the control of the SELLER and/or owned and/or operated by other third parties may be provided through the SELLER's website. These links are placed to provide convenience for the BUYER and do not support any website or the person operating that site and do not constitute a guarantee for the information contained in the linked website.
9.16. Any member who violates one or more of the articles listed in this agreement will be personally liable criminally and legally for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. In addition; in case of this violation, if the event is brought to the legal sphere, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER; in the case of distance contracts related to the sale of goods, has the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to them or to the person/organization at the address indicated, provided that they notify the SELLER, without incurring any legal or criminal liability and without stating any reason. In distance contracts for the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the right of withdrawal period expires. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. The BUYER, by accepting this agreement, acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this agreement. If this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Order returns issued in the name of institutions cannot be completed if a RETURN INVOICE is not issued.)
b) Return form,
c) The returned products must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to refund the total amount and the documents that put the BUYER into debt to the BUYER within a maximum of 10 days from the date the withdrawal notification reaches them and to take back the goods within 20 days.
e) If the value of the goods decreases due to a fault of the BUYER, or if return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to his fault. However, the BUYER is not responsible for changes and deterioration resulting from the proper use of the goods or product within the withdrawal period.
f) If the campaign limit amount set by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount benefited under the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
It is not possible to return products prepared according to the BUYER's requests or explicit personal needs and which are not suitable for return, such as underwear bottoms, swimwear bottoms, make-up materials, disposable products, goods that are likely to deteriorate rapidly or expire, products whose packaging has been opened by the BUYER after delivery and are not suitable for return due to health and hygiene reasons, products that have been mixed with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines, except for those provided under a subscription agreement, services performed instantly in electronic environment 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, according to the Regulation. Furthermore, it is not possible to exercise the right of withdrawal for services that have started to be performed with the consumer's consent before the expiration of the right of withdrawal period, as per the Regulation.
For cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untried, undamaged and unused.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults on payment when making payments by credit card, the BUYER accepts, declares, and undertakes that they will pay interest and be liable to the bank within the framework of the credit card agreement between them and the cardholder bank. In this case, the relevant bank may resort to legal remedies; it may demand any resulting expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections regarding disputes arising from this contract will be made to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the Law.
14. EFFECTIVENESS
The BUYER is deemed to have accepted all terms of this contract when they complete the payment for their order placed through the Site. The SELLER is obliged to make the necessary software arrangements on the site to obtain confirmation from the BUYER that this contract has been read and accepted before the order is placed.
SELLER: Pharmabox Sağlık Ürünleri Ticaret İthalat İhracat Ltd. Şti.
BUYER:
DATE: