Distance Selling Agreement

DISTANCE SALE AGREEMENT

1. PARTIES

This Agreement has been entered into between the parties listed below, subject to the terms and conditions set forth herein.

1. “BUYER” (hereinafter referred to as “BUYER” in this Agreement)

FIRST NAME - LAST NAME:
ADDRESS:

2. ‘SELLER’ ; (hereinafter referred to as “SELLER” in this Agreement)

eczanecantasi.com
Küçükyalı Merkez Mah. Cami Sok. No. z06 Maltepe Istanbul

By accepting this contract, the BUYER hereby acknowledges in advance that, upon confirming the order subject to this contract, they will be obligated to pay the order amount and any additional fees specified, such as shipping charges and taxes, and that they have been informed of this obligation.

2. DEFINITIONS

For the purposes of the application and interpretation of this agreement, the terms listed below shall have the meanings set forth opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: The Law on the Protection of Consumers No. 6502,

REGULATION: The Regulation on Distance Contracts (Official Gazette: November 27, 2014/29188),

SERVICE: Any consumer transaction other than the supply of goods, performed or undertaken to be performed in exchange for a fee or benefit,

SELLER: A company that offers goods to a consumer as part of its commercial or professional activities, or acts on behalf of or for the account of such a company,

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 Seller’s website,

ORDERER: A natural or legal person who requests goods or services through the SELLER’s website,

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement entered into between the SELLER and the BUYER,

GOODS: Refers to the movable property subject to the transaction, as well as intangible goods such as software, audio, video, and similar items prepared for use in an electronic environment.

3. SUBJECT MATTER

This Agreement governs the sale and delivery of the product described below, with its characteristics and sales price specified herein, which the BUYERvia the SELLER’s website, the sale and delivery of the product whose specifications and sales price are specified below, and regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

The prices listed and advertised on the website are the selling prices. The advertised prices and offers remain valid until they are updated or changed. Prices advertised for a limited time remain valid until the end of the specified period.

4. SELLER INFORMATION

eczanecantasi.com
, Küçük Yalı Merkez Mah., Cami Sok., No. z06, Maltepe, Istanbul

5. BUYER INFORMATION

Recipient
Name Delivery Address
Phone
Fax
Email/Username

6. ORDERER INFORMATION

First Name/Last Name/Title

Address
, Phone
, Fax
, Email/Username

7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT

1. The basic characteristics of the goods, product(s), or service (type, quantity, brand/model, color, number of items) are published on the SELLER’s website. If the Seller has organized a promotion, you may review the basic characteristics of the relevant product during the promotion period. Valid until the campaign date.

7.2. The prices listed and advertised on the website are the selling prices. The advertised prices and offers remain valid until they are updated or changed. Prices advertised for a limited time are valid until the end of the specified period.

7.3. The sales price of the goods or services covered by the contract, including all taxes, is shown below.

Payment Method and Plan

Shipping Address

Recipient

Billing Address

Order Date

Delivery Date

Delivery Method

7.4. The shipping fee, which constitutes the product shipping 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 to the billing address along with the order at the time of delivery.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and are aware of the preliminary information regarding the essential characteristics of the product subject to the contract, the sales price, the payment method, and delivery details on the SELLER’s website, and that they have provided the necessary confirmation electronically. The BUYER’s electronic confirmation of the Preliminary Information, prior to the establishment of the distance sales contract, that the BUYER has accurately and completely obtained the address that the SELLER is required to provide to the BUYER, the essential characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information.

9.2. Each product subject to the contract shall be delivered to the BUYER or to the person and/or entity at the address designated by the BUYER within the timeframe specified in the “Preliminary Information” section of the website, provided that such timeframe does not exceed the 30-day statutory period and is determined based on the distance from the BUYER’s place of residence. 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 undertakes to deliver the product subject to this Contract in full, in accordance with the specifications stated in the order, and, if applicable, along with warranty documents, user manuals, and any other information and documents required for the product; to perform the work free from any defects, in accordance with legal requirements, in a sound, in accordance with applicable standards, based on the principles of accuracy and good faith; 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 by notifying the BUYER and obtaining the BUYER’s explicit consent before the expiration of the performance obligation arising from the contract.

9.5. If the SELLER is unable to fulfill its obligations under the contract due to the impossibility of delivering the product or service subject to the order, the SELLER hereby acknowledges, declares, and undertakes to notify the consumer in writing of this situation within 3 days of becoming aware of it and to refund the total amount to the BUYER within 14 days. 

9.6. The BUYER hereby acknowledges, declares, and undertakes that they will confirm this Contract electronically for the delivery of the product subject to the Contract; in the event that the price of the product subject to the Contract 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 Contract shall cease.

9.7. The BUYER acknowledges, declares, and undertakes that, if the price of the product subject to this Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized and unjustified use of the BUYER’s credit card by unauthorized persons following the delivery of the product subject to this Agreement to the BUYER or to a person and/or entity at the address designated by the BUYER, the BUYER hereby acknowledges, declares, and undertakes to return the product subject to the Contract to the SELLER within 3 days, with shipping costs to be borne by the SELLER.

9.8. If the SELLER is unable to deliver the product subject to the contract within the specified timeframe due to force majeure events—such as circumstances arising beyond the parties’ control, unforeseeable events, and situations that prevent and/or delay the parties from fulfilling their obligations— the SELLER hereby acknowledges, declares, and undertakes to notify the BUYER of such circumstances. The BUYER shall also have the right to request from the SELLER that the order be canceled, that the product subject to the contract be replaced with a comparable item (if available), and/or that the delivery period be postponed until the impediment ceases. In the event the BUYER cancels the order, if the BUYER made the payment in cash, the product amount will be refunded to the BUYER in cash and in a single payment within 14 days. In cases where the BUYER paid by credit card, the product amount will be refunded to the relevant bank within 14 days after the BUYER cancels the order. The BUYER acknowledges that the average processing time for the amount refunded by the SELLER to the BUYER’s credit card to appear in the BUYER’s account may take 2 to 3 weeks, and since the timing of the amount appearing in the BUYER’s account after it is refunded to the bank is entirely dependent on the bank’s processing procedures, the BUYER hereby acknowledges, declares, and undertakes that the SELLER cannot be held liable for any potential delays.

9.9. The SELLER’s has the right to contact the BUYER for communication, marketing, notifications, and other purposes via mail, email, SMS, phone calls, and other means using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the website registration form or subsequently updated by the BUYER. By accepting this Agreement, the BUYER acknowledges and agrees that the SELLER may engage in the communication activities specified above directed at the BUYER.

9.10. The BUYER shall inspect the goods/services subject to this contract before accepting delivery; the BUYER shall not accept from the shipping company any goods/services that are damaged or defective, such as those that are dented, broken, or have torn packaging. The goods/services accepted upon delivery shall be deemed undamaged and in good condition. The obligation to carefully safeguard the goods/services after delivery rests with the BUYER. 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 cardholder used during the order are not the same person, or if a security breach related to the credit card used for the order is detected prior to delivery of the product to the BUYER, the SELLER may request that the BUYER provide identification and contact information regarding the credit cardholder, the credit card statement for the previous month, or a written confirmation from the cardholder’s bank verifying that the credit card belongs to the BUYER. The order will be suspended until the BUYER provides the requested information or documents; if the aforementioned requests are not fulfilled 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 upon registering as a member on the SELLER’s website is accurate, and hereby declares and undertakes to immediately, in cash, and in a lump sum compensate the SELLER for all damages the SELLER may incur due to the inaccuracy of such information, upon the SELLER’s first notice.

9.13. The BUYER hereby agrees and undertakes from the outset 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 arising therefrom shall be borne entirely and exclusively by the BUYER.

9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, violates public morality, harasses or offends others, serves an unlawful purpose, or infringes upon the material or moral rights of others. Furthermore, the BUYER may not engage in activities (such as spam, viruses, Trojan horses, etc.) that prevent or hinder other users from using the services.

9.15. The SELLER’s website may contain links to other websites and/or content that are not under the SELLER’s control and/or are owned and/or operated by other third parties. These links are provided solely to facilitate the BUYER’s navigation and do not constitute an endorsement of any website or the person operating it, nor do they imply any guarantee regarding the information contained on the linked website.

9.16. A member who violates one or more of the provisions listed in this Agreement shall be personally liable, both criminally and civilly, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that such a breach results in the matter being referred to the courts, the SELLER reserves the right to seek damages from the member for breach of the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER, in the event that the distance contract pertains to the sale of goods, may, within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/entity at the address indicated by the BUYER, may exercise the right to withdraw from the contract by rejecting the goods without assuming any legal or criminal liability and without providing any justification. In distance contracts relating 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 the performance of the service has begun with the consumer’s consent before the withdrawal period has expired. Any costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER hereby acknowledges that they have been informed regarding the right of withdrawal.

10.2. To exercise the right of withdrawal, written notice must be provided to the SELLER via certified mail, fax, or email within 14 (fourteen) days, and the product must not have been used, in accordance with the provisions regarding “Products for Which the Right of Withdrawal Cannot Be Exercised” set forth in this contract. Upon exercising this right, 

a) The invoice for the product delivered to a third party or to the BUYER must be provided. (If the invoice for the product to be returned is issued to a business entity, it must be sent along with a return invoice issued by the business when returning the product. Returns for orders with invoices issued in the name of a company cannot be processed unless a RETURN INVOICE is issued.)

b) The return form,

c) The products to be returned must be delivered complete and undamaged, along with their box, packaging, and any standard accessories, if applicable.

d) The SELLER is obligated to refund the total amount and any documents that place the BUYER under a debt obligation to the BUYER within 10 days of receiving the notice of withdrawal, and to accept the return of the goods within 20 days.

e) If the value of the goods decreases due to a reason attributable to the BUYER’s fault, or if the return becomes impossible, the BUYER is obligated to compensate the SELLER for damages in proportion to the BUYER’s fault. However, the BUYER is not liable for any changes or deterioration in the goods or products resulting from their proper use during the right of withdrawal period. 

f) If, as a result of the exercise of the right of withdrawal, the total amount spent falls below the campaign threshold 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

Products prepared at the BUYER’s request or specifically tailored to their personal needs and not suitable for return, such as underwear bottoms, swimsuit bottoms, makeup products, single-use items, goods at risk of rapid spoilage, or those likely to expire, products that are unsuitable for return from a health and hygiene perspective if the packaging is opened by the BUYER after delivery, products that become mixed with other products after delivery and cannot be separated due to their nature, Goods related to periodicals such as newspapers and magazines, except those provided under a subscription agreement, services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables—cannot be returned under the Regulation if their packaging has been opened by the BUYER. Furthermore, pursuant to the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer’s consent before the withdrawal period has expired.

Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as office supplies (toner, cartridges, ribbons, etc.) must be unopened, untested, undamaged, and unused to be eligible for return.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payment when paying by credit card, the BUYER acknowledges, declares, and undertakes to pay interest in accordance with the credit card agreement between the BUYER and the card-issuing bank and to be liable to the bank. In such a case, the relevant bank may pursue legal remedies; may claim any resulting expenses and attorney’s fees from the BUYER, and in any case, should the BUYER default due to the debt, the BUYER hereby acknowledges, declares, and undertakes to compensate the SELLER for any damages and losses incurred as a result of the delayed performance of the debt

13. JURISDICTION

Disputes, complaints, and objections arising from this contract shall be submitted to the consumer disputes arbitration committee or the consumer court located in the consumer’s place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows: 

Effective as of May 28, 2014:

a) Pursuant to Article 68 of the Consumer Protection Law No. 6502, disputes with a value of less than 2,000.00 (two thousand) TL shall be submitted to district consumer arbitration committees;

b) Disputes with a value below 3,000.00 (three thousand) TL shall be referred to provincial consumer arbitration committees;

c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL are referred to provincial consumer arbitration committees.
This Agreement is entered into for commercial purposes.

14. ENFORCEMENT

Upon completing payment for an order placed through the Site, the BUYER is deemed to have accepted all terms of this Agreement. The SELLER is obligated to implement the necessary software adjustments to ensure that the BUYER acknowledges having read and accepted this Agreement on the Site prior to the order being processed.

SELLER:

BUYER:

DATE: