Distance Sales Agreement
ARTICLE 1- PARTIES
Name – Surname: Customer Name
Address: Customer Address
Telephone: Customer Phone
E-Mail: Customer E-Mail Address
Title: Tulu Vital Holistilk Sağlık Tic.Ltd.Şti.
Address: Feneryolu mahallesi Hüseyinpaşa çıkmazı sokak Gülen apt. No:8 İç Kapı No:2 Kadıköy İstanbul Türkiye;
email : firstname.lastname@example.org
The Cargo Company to which the Buyer Will Send the Goods to the Seller in case of Return: Yurtiçi Kargo Customer Code:
ARTICLE 2 - SUBJECT and SCOPE OF THE AGREEMENT
This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement is the Buyer's purchase from the website with the domain name [www.aslihankoruyansabanci.com] or, if applicable, the mobile application ("Platform"), electronically ordered for the purchase of the Goods/Services, with the qualifications specified in the Contract. It constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the Goods/Services.
ARTICLE 3 - BASIC QUALIFICATIONS AND PRICE OF THE GOODS, SERVICES SUBJECT TO THE AGREEMENT (VAT INCLUDED), PAYMENT METHODS
C. PAYMENT BY CREDIT CARD ON ELECTRONIC COMMERCE SITE
The installment practices of the Bank, the owner of the credit card used for shopping made with a credit card and the number of installments may vary. Implementations of the Bank, the owner of the credit card used by the Buyer, such as additional installments or delay in payment to the Buyer, are not under the responsibility of the Seller. Such implementations are entirely at the discretion of the Bank and constitute the subject matter of the agreement entered into by and between the Bank and the Buyer regarding the issuance of Credit Cards. Unauthorized use of payment instruments such as credit cards and debit cards is subject to the Bank Cards and Credit Cards Law No. 5464 and dated 23.02.2006 and Law on Bank Cards and Credit Cards RG No. 26458 dated 10.03.2007.
In the event that a refund is to be made within the framework of the rights granted to the parties by the law or the Agreement, including exercise of the Buyer's right of withdrawal, this refund shall be made in accordance with the payment instrument preferred by the Buyer and the collection made by the Seller.
ARTICLE 4 - DELIVERY AND DELIVERY METHOD OF THE GOODS
A. Delivery is made to the address specified by the Buyer during placement of the order and stated above. As stated in the preliminary information form, in the event that the Buyer or the person authorized to take delivery for and on behalf of the Buyer is not present at the address specified by the Buyer, the Seller shall be deemed to have fulfilled its obligation fully and completely.
B. From the moment the order is completed by the Buyer, the Seller ensures that the product/products subject to the order shall be delivered to the address specified by the Buyer as the place of delivery during placement of the order, together with the warranty documents and user manuals, if any, within 30 days. Until the moment of delivery, the damage/loss is attributed to the Seller.
C. In case the product fails to be received for the reasons such as wrong address given, absence of the Buyer or anyone who can accept the product for and on behalf of the Buyer at the address although the requirements for delivery of the product have been fulfilled for timely and duly delivery of the product to the address specified by the Buyer, then the Buyer shall be informed on the situation and the possibilities for the product to be delivered shall be explained to him. If the buyer does not take delivery of the product despite the same, the Seller withdraws from the Agreement and immediately returns the collected sales cost to the buyer in accordance with the method of payment (collection).
D. The contract has entered into force with the approval of the Buyer in electronic environment and is executed when the Goods/Services purchased by the Buyer from the Seller are delivered to the Buyer. The buyer will receive the product by signing the delivery document and will check whether the products are complete and as required when receiving. The Buyer is obliged to immediately notify the Seller of any problem and defect to be detected, and to print it on the delivery form if he will receive it. On the contrary, Tulu Vital will not be liable under any circumstances.
ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE
The delivery/cargo fee of the goods belongs to the Buyer unless there is a contrary provision. However, if the Seller has declared on the Website that the delivery/cargo cost will be covered by him, the delivery costs will be borne by the Seller. The delivery of the goods is made if the stock of the Seller is available and in the promised time after the payment is made. The Seller delivers the Goods/Services within 30 (thirty) days from the ordering of the Goods/Services by the Buyer, without prejudice to the circumstances in which the performance of the Goods/Services subject to the order becomes impossible. If, for any reason, the Buyer does not pay for the Goods/Services or the payment is canceled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the Goods/Services.
The Buyer is responsible for the shipping cost in order cancellations made by the Buyer after the goods are shipped by the Seller but before the Buyer receives them.
ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE BUYER
The Buyer declares that he has read the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, and the delivery and/or cargo price, if any, of the Goods/Services that are the subject of the Contract on the Website and that he has given the necessary confirmation in electronic environment. Buyers, as Consumers, can deliver their requests and complaints to the Seller contact information above and/or through the channels provided by the Website. The Buyer confirms this Agreement and the Preliminary Information Form electronically, the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered Goods/Services, the price of the Goods/Services including taxes, payment and delivery. confirms that it has obtained the correct and complete delivery price information. Buyer's Without inspecting the contractual Goods/Services before receiving them; damaged, broken, torn packaging etc. In case of receiving the damaged and defective Goods/Services from the cargo company, the responsibility belongs entirely to him. The Goods/Services received by the Buyer without any complaint from the cargo company officer or the Seller shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the Buyer. If the relevant bank or financial institution fails to pay the price of the Goods/Services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, after the delivery of the Goods/Services, the Buyer must have been delivered to him/her. Provided that the Goods/Services are delivered to the Seller within 3 (three) days, is liable to return it. In this case, the delivery expenses belong to the Buyer.
ARTICLE 7 - STATEMENTS AND COMMITMENTS OF THE SELLER
The Seller is responsible for delivering the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the Seller cannot deliver the Goods/Services subject to the contract due to force majeure or extraordinary circumstances that prevent performance, it is obliged to notify the Buyer within 3 (three) days from the date of learning. If the Good/Service subject to the contract is to be delivered to another person from the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
ARTICLE 8 - RIGHT OF WITHDRAWAL
The buyer can return the purchased goods/services within 14 (fourteen) days from the delivery date by using his right of withdrawal without taking any legal or penal liability and without giving any reason. Notice of the right of withdrawal and Contractual notices will be displayed through the communication channels of the Seller and/or specified on the Website. Only if the product price is still in the account at the time of delivery of the product to the Seller for return, the product price will be returned to the Buyer. In order to exercise the right of withdrawal, it is obligatory to notify the Seller in due time in accordance with the provisions of the legislation and the right of withdrawal option on the Website.
In case the right of withdrawal is exercised:
a) The Buyer sends the Goods back to the Seller with the contracted cargo company within 10 (ten) days from the use of the right of withdrawal.
b) The box, packaging, standard accessories, if any, of the Goods to be returned within the scope of the right of withdrawal, must also be returned as a complete and undamaged item. Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Goods is returned to the Buyer as paid. When returning the Goods to the Seller, the original invoice submitted to the Buyer during the delivery of the Goods must also be returned by the Buyer.
As long as the Buyer sends the Goods to be returned to the Seller with the Seller's contracted cargo company specified in the preliminary information form, the return shipping cost belongs to the Seller. In case the Buyer sends the Goods to be returned by a cargo company other than the contracted cargo company of the Seller specified in the preliminary information form, the Seller is not responsible for the return shipping cost and the damage that the Good will suffer during the cargo process.
ARTICLE 9 – EXCEPTIONS TO THE RIGHT TO WITHDRAWAL
The right of withdrawal cannot be exercised in the following cases:
a) Contracts for goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the seller (products in the category of jewellery, gold and silver)
b) Prepared in line with the consumer's wishes or clearly his personal needs, and which are suitable for return in nature.
c) In contracts for the delivery of goods whose protective elements such as packaging, tape, seal, and package have been opened after delivery, the return of which is not suitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature f) Contracts
for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription contract
g) Contracts for accommodation, transportation of goods, car rental, catering and leisure time for the purpose of entertainment or rest, which must be made on a certain date or period
h ) Contracts for the performance of services related to betting and lottery
i) The right cooling-off period before the end, in contracts related to services started to be carried out with the consent of the consumer
ii) electronically immediate performance of the service with delivered instantly to consumers in contracts related to intangible property and contractual matters Product / Service of the Distance Contracts Directive application area Distance Contracts to the legal relationship between the Buyer and the Seller, in case it consists of the types of Goods/Services that are excluded (with the regular deliveries of the Seller, the foodstuffs, beverages or other daily consumption items delivered to the Buyer's residence, and services in the fields of travel, accommodation, restaurant, entertainment industry). The right of withdrawal cannot be exercised because the provisions of the Regulation cannot be applied.
ARTICLE 10 - RESOLUTION OF DISPUTES
In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts are authorized up to the value declared by the Ministry of Customs and Trade in the place where the Buyer purchases the Goods or Services and where the residence is located. 68 of the Law on Consumer Protection No. 6502. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of the article.
ARTICLE 11 - PRICE OF GOODS/SERVICES
The cash or deferred sales price of the goods is included in the order form, but it is the price included in the invoice sent to the Buyer together with the information mail sent at the end of the order and the product. Discounts, coupons, shipping charges and other applications made by Tulu Vital are reflected in the sales price.
ARTICLE 12 - STATUS OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on his credit card transactions, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement the bank has made with him. In this case, the relevant bank may take legal action, claim the expenses and attorney's fees from the Buyer, and in any case, if the Buyer defaults due to its debt, the Buyer shall be responsible for the damage and loss suffered by the Seller due to the Buyer's delayed performance of the debt.
ARTICLE 13 – NOTICES and EVIDENCE AGREEMENT
Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. In case of disputes arising from this Agreement, the Buyer shall prove that Tulu Vital’s official books and commercial records, electronic information and computer records kept in its own database and servers shall constitute binding, definitive and exclusive 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 14 - ENFORCEMENT
This Agreement, which consists of 14 (fourteen) articles, was read by the Parties and concluded and entered into force on 01/02/2022 by being approved by the Buyer electronically. A copy of the contract is available in the Buyer's membership account and can also be sent by e-mail upon request.
In case of shopipng from the web site www.aslihankoruyansabanci.com the articles of the above distance sales agreement are considered as agreed by the buyer.