Distance Sales Contract
ARTICLE 1: PARTIES
1.1 SELLER:
Title : Pektamin Farma Kozmetik San. ve Tic. A.Ş.
Address : Oruçreis Mahallesi Vadi Caddesi No:210 Esenler/İstanbul, TR
Telephone : 0 (212) 438 07 00
E-posta : [email protected]
Tax Office : ATIŞALANI VERGİ DAİRESİ
Tax Number : 7270482577
1.3 PRODUCT FEATURES:
1.4 DELIVERY PRICE OF THE PRODUCT INCLUDING ALL TAXES
ARTICLE 2: SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of products that the BUYER ordered electronically from the Pektamin Farma / Pektamin Farma website belonging to the SELLER, that have the qualities mentioned in the contract, and whose content and sales price are specified in Articles 1.3 and 1.4 of the contract. The BUYER accepts and declares that he/she is informed about the basic qualities of the products subject to sale, sales price, payment method, delivery conditions, etc., all preliminary information about the product subject to sale and the right of withdrawal, that he/she confirmed this preliminary information electronically and then ordered the product, in accordance with the provisions of this contract. The preliminary information and invoice on Pektamin Farma / Pektamin Farma website are integral parts of this contract. The BUYER is deemed to have accepted all the terms of this contract when the order is placed.
ARTICLE 3: DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE OF THE CONTRACT AND METHODS OF DELIVERY
ARTICLE 4: DELIVERY COSTS AND PERFORMANCE
Delivery costs are the responsibility of the BUYER. If the SELLER has declared on its website that the delivery fee of those who shop above the amount declared will be covered by it, the delivery cost is the responsibility of the SELLER. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. Therefore, all kinds of damages arising from the BUYER's late receipt of the product and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the seller belong to the BUYER. Delivery is made as soon as possible after the stock is available and the product price is transferred to the SELLER's account. The SELLER delivers the product within 30 (thirty) days from the date of order and reserves the right to extend this period by an additional 10 (ten) days with a written notification. If the SELLER cannot deliver the product subject to the contract within the period due to stock depletion and similar commercial impossibilities, unexpected situations, force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, it is obliged to notify the BUYER of the situation. For the delivery of the contractual product, a signed copy of this contract must be delivered to the SELLER and the price must be paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
ARTICLE 5: REPRESENTATIONS AND WARRANTIES OF THE BUYER
The BUYER will check the product subject to the contract before receiving it and will not accept the damaged and defective product such as deformed, worn out, torn packaging etc. from the cargo company. The product received will be deemed to be undamaged and intact. The obligation to protect the product carefully after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product should not be used and the invoice should be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal is covered by the Seller. If the relevant bank or financial institution does not pay the price of the product to the Seller due to the unfair or illegal use of the BUYER's credit card by unauthorized persons not caused by the BUYER's fault after the delivery of the product, the BUYER is obliged to send the product to the Seller within 3 (three) days provided that it has been delivered to them. In this case, the delivery expenses belong to the BUYER. In addition, the BUYER accepts that the delivery made to the address indicated by the BUYER and to the person present at this address during the delivery will be considered as the delivery made to the BUYER.
ARTICLE 6: SELLER’S DECLARATIONS AND COMMITMENTS
The Seller is responsible for delivering the contractual product intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any. If the contractual product is to be delivered to a person/institution other than the BUYER, the Seller cannot be held responsible for the person/institution to whom the delivery is made not accepting the delivery. The Seller undertakes that the BUYER has the right to reject the product and withdraw from the contract within 7 (seven) days from the date of receipt of the product or signing of the contract without assuming any legal or criminal liability and without giving any justification, and to take the product back from the date of receipt of the withdrawal notice by the seller or provider. The Seller shall return the product price and any valuable documents, if any, within 7 (seven) days after receipt of the withdrawal notice. The Seller shall take the product back within 7 (seven) days. The Seller may supply the product of equal quality and price to the BUYER before the performance period in the contract expires, for justified reasons. If the Seller thinks that the delivery of the product has become impossible, it shall notify the BUYER before the performance period in the contract expires. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contractual product with a similar one, if any, and/or postponement of the delivery period until the impeding situation is eliminated. In the event that the BUYER cancels the order, the paid amount and any documents shall be returned within 7 (seven) days.
ARTICLE 7: PRODUCT SPECIFICATIONS SUBJECT TO THE CONTRACT
Type and kind of the product, quantity, brand/model, color and sales price including all taxes are as stated in the information on the product introduction page on the Pektamin Farma / Pektamin Farma website and in the invoice which is considered an integral part of this contract. The seller is not responsible for price update errors caused by technical reasons.
ARTICLE 8: PRODUCT CASH PRICE
The cash price of the product is included in the invoice.
ARTICLE 9: DEAD-TIME PRICE
The price of the product according to the term made to the sales price is included in the invoice.
ARTICLE 1O: DOWN PAYMENT AMOUNT
The down payment amount of the product is included in the invoice.
ARTICLE 11: PAYMENT PLAN
Since the deferred sales are made only with credit cards belonging to banks, the BUYER accepts, declares and undertakes that it will separately confirm the relevant interest rates and default interest information from its bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the provisions of the current legislation. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the agreement between the bank and the BUYER. The BUYER can also follow the number of installments and payments from the account statement sent by the bank.
ARTICLE 12: RIGHT OF WITHDRAWAL
In distance contracts related to the sale of goods, the BUYER has the right to reject the goods within 7 days from the date of receipt without assuming any legal or criminal liability and without giving any reason. In distance contracts related to the provision of services, this period begins on the date the contract is signed. If the contract agrees that the service will be performed before the 7-day period expires, the consumer may exercise the right of withdrawal until the date the performance will begin. The expenses arising from the exercise of the right of withdrawal belong to the other party. Even if the delivery of the goods is made to a person other than the buyer who is a party to the contract, the buyer may exercise the right of withdrawal.
ARTICLE 13: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The buyer cannot use the right of withdrawal for goods that are produced in accordance with the buyer's special requests and demands or that have been personalized by making changes or additions. In addition, the buyer cannot use the right of withdrawal for goods that cannot be returned due to their nature and are likely to deteriorate rapidly or expire.
ARTICLE 14: DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults in the transactions made with the credit card, 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 resort to legal means; may demand the expenses and attorney fees from the BUYER and in any case, if the BUYER defaults due to his debt, the BUYER agrees to pay the Seller's damages and losses due to the delayed performance of the debt.
ARTICLE 15: AUTHORIZED COURT
In disputes that may arise from this contract, Consumer Arbitration Committees and Consumer Courts in the places where the BUYER and the Seller reside, and in places where there is no consumer court, Izmir Civil Courts of First Instance are authorized up to the value declared by the Ministry of Industry and Trade.
ARTICLE 16: ENFORCEMENT
If the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements that will ensure that orders cannot be placed without receiving confirmation that the contract in question has been read and accepted by the BUYER on the site.