Terms of service
Distance Selling Agreement
1. PARTIES
This agreement has been signed between the following parties within the framework of the terms and conditions specified below.
1- BUYER (hereinafter referred to as "BUYER" in the Agreement)
Name and surname :
Address:
Telephone :
Email :
1- SELLER (hereinafter referred to as "SELLER" in the Agreement)
Trade Name: Neophoria Medikal Ürünleri Ticaret LTD.ŞTİ.
Address: Hacı İsa Mah. 75. Yıl Cumhuriyet Cad. 5/2 Urla/Izmir
Seller E-Mail Address: info@enduranlar.com
Cargo Company to which the Buyer Will Send the Goods to the Seller in Case of Return:
By accepting this contract, the BUYER accepts in advance that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and additional fees, such as shipping fee and tax, if any, and that he has been informed about this.
2.DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below will express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than providing goods that are made or promised to be done in return 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 on behalf of the offerer of goods,
BUYER: Real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERER: Real or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic environment.
3. TOPIC
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law 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 ordered electronically through the SELLER's website. The Distance Sales Agreement in question has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation. The parties accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Distance Contracts Regulation in accordance with the contract.
4. ESTABLISHMENT OF THE CONTRACT
4.1. BUYER accepts that he has read and understood the contract and is aware of his rights and obligations. The BUYER agrees that he has reached the full conclusion that the transactions within the scope of the contract are in his own interest and accepts all conditions with his own free will.
4.2. SELLER and BUYER accept that the provisions of the contract do not have a feature that can be considered unfair and that there is no injustice in terms of the balance of interests.
5. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
5.1.The basic features (type, quantity, brand/model, color, quantity) of the Good/Product/Products are published on the SELLER's website. If a campaign has been organized by the seller, you can review the basic features of the relevant product during the campaign. The campaign is valid until the specified date.
5.2.The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
5.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Payment Method and Plan:
Delivery address:
Delivery person:
Billing address:
Order date:
Delivery date: A clear delivery date information cannot be shared for shipments made by cargo. Delivery takes place within the estimated time period shown to you at the order stage.
Delivery method:
5.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
6. INVOICE INFORMATION
Name-Surname/Title:
Address:
Telephone:
Fax:
Email/username:
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
7. DELIVERY METHOD
7.1. The contract will enter into force upon approval by the BUYER electronically. The contract is fulfilled when the GOODS purchased by the BUYER from the SELLER are delivered to the BUYER. The GOODS will be delivered to the address specified by the Buyer and the specified authorized person(s).
7.2. If the BUYER (the person to be delivered) cannot be present when the order is delivered, delivery can be made to the people who can deliver the order to the BUYER by taking their names and signatures. Information about the person receiving the order is transmitted to the sender (RECIPIENT) via SMS and e-mail. Deliveries to public and private organizations are made within the framework of the organizations' own delivery procedures.
8. BUYER'S REPRESENTATIONS AND COMMITMENTS
8.1. The BUYER accepts, declares and undertakes that he/she has received the preliminary information regarding the basic characteristics of the products, the sales price including all taxes and the payment method, delivery and right of withdrawal and the terms of use, has read and informed himself and has given the necessary confirmations for the sale electronically.
8.2. BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if 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 will end.
8.3. BUYER will inspect the goods subject to the contract before receiving them; dents, broken, packaging torn, etc. Damaged and defective goods will not be received from the cargo company. The goods received will be deemed to be undamaged and intact. It is the BUYER's responsibility to carefully protect the goods after delivery. If the right of withdrawal is to be used, the goods should not be used. The invoice must be returned.
8.4. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER will provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order. or may request the BUYER to submit a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
8.5. BUYER declares and undertakes that the personal and other information provided while subscribing to the SELLER's website is accurate, and that the SELLER will compensate all damages that the SELLER may incur due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of the SELLER.
8.6. BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.
8.7. BUYER cannot use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that prevents or complicates the use of the services by others.
8.8. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
9. SELLER'S REPRESENTATIONS AND COMMITMENTS
9.1. Each product subject to the contract is delivered to the BUYER or 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 residence, provided that it does not exceed the legal period of 30 days. If the SELLER violates this obligation, the BUYER may terminate this contract. In case of termination of the contract, the SELLER shall repay all collected payments, including delivery costs, if any, to the BUYER within 14 (fourteen) days from the date of receipt of the termination notice, together with the legal interest determined within the scope of the relevant legislation, and all negotiable instruments, if any, that put the consumer in debt. and similar documents must be returned.
9.2. If the SELLER cannot fulfill its contractual obligations in case it becomes impossible to fulfill the product or service subject to the order, it will notify the BUYER in writing and with a permanent data recorder within 3 days from the date of learning of this situation, and will pay the total price, including delivery costs, within 14 days. He accepts, declares and undertakes that he will return it to the BUYER. The fact that the goods are not in stock cannot be considered as impossible to fulfill the supply of goods.
9.3. The SELLER is responsible for any loss or damage that occurs until the goods are delivered to the BUYER or to a third party determined by the BUYER other than the carrier. If the BUYER is transported by a carrier other than the carrier determined by the SELLER, the seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.
9.4. SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and information and documents required for the job, and to perform the job within the principles of accuracy and honesty, free from any defects, in accordance with the requirements of legal legislation, in accordance with the standards. accepts, declares and undertakes to maintain and improve the service quality, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.
9.5. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval, provided that it is based on a justified reason and before the contractual performance obligation expires.
9.6. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if it cannot deliver the product subject to the contract within the time limit due to force majeure situations that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with a similar one, if any, and/or postpone the delivery period until the hindering situation disappears. If the order is canceled by the BUYER, for payments made by the BUYER in cash, the product amount will be paid in cash and in lump sum within 14 days. For payments made by the BUYER by credit card, the product amount will be returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER warns that the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take up to 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after it is returned to the bank is entirely related to the bank transaction process, the BUYER should contact the SELLER for possible delays. accepts, declares and undertakes that it cannot be held responsible.
9.7. SELLER's communication, marketing, notification and communications through letters, e-mails, SMS, telephone calls and other means through the address, e-mail address, landline and mobile phone lines and other contact information specified by the BUYER in the site registration form or updated by him later. has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards him/her.
9.8. Links may be provided through the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by other third parties. These links are placed to provide ease of navigation to the BUYER and do not support any website or the person operating that site and do not constitute any warranty for the information contained in the linked website.
9.9. The member who violates one or more of the articles listed in this contract will be personally and criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Moreover; If the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
In accordance with the relevant provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation;
10.1. BUYER; In distance contracts for the sale of goods, the customer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods, without giving any justification and without paying any penalty. However, the BUYER may exercise his right of withdrawal within the period from the establishment of this Agreement until the delivery of the goods. It is sufficient that the notification regarding the exercise of the right of withdrawal be sent to the SELLER in writing or via a permanent data storage device within this period. In addition, in order for the BUYER to exercise his right of withdrawal, he must deliver the invoice of the product together with the product to the cargo company.
10.2. In determining the period of right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day when the consumer or a third party designated by the consumer receives the last good,
b) In case of goods consisting of more than one piece, the day when the consumer or the third party designated by the consumer receives the last piece,
c) In contracts where regular delivery of goods is made for a certain period of time, the day when the consumer or the third party determined by the consumer receives the first goods is taken as basis.
10.3. If the BUYER exercises his right of withdrawal, the SELLER is obliged to return the total price received and any negotiable instruments and similar documents that put the BUYER in debt within 14 (fourteen) days at the latest from the date of receipt of the notice of withdrawal, without incurring any costs to the consumer.
10.4. If the BUYER exercises his right of withdrawal and sends the goods back through the carrier specified by the seller for return in the preliminary notification, he will not be held responsible for paying the expenses related to the return. If the SELLER does not specify any carrier for the return in the preliminary information, no fee regarding the return cost can be requested from the BUYER. If the carrier specified in the preliminary information for the return does not have a branch in the BUYER's location, the SELLER is obliged to ensure that the goods to be returned are collected from the consumer without demanding any additional costs.
10.5. Unless the BUYER makes an offer that the seller will take back the goods himself, the consumer must send the goods back to the seller within 10 (ten) days from the date on which he notifies that he has exercised his right of withdrawal.
10.6. The BUYER will not be responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications and usage instructions within the period of withdrawal.
10.7. Consumer's right of withdrawal;
a) Goods prepared in line with the consumer's wishes or personal needs,
b) Delivery of goods that can quickly deteriorate or expire,
c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Delivery of those whose return is not suitable in terms of health and hygiene,
d) Goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) Books, digital content and computer consumables presented in physical form, if the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods,
f) Delivery of periodicals such as newspapers and magazines, except those provided within the scope of the subscription agreement,
g) To evaluate the free time spent for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation purposes, which must be done on a certain date or period,
h) Services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,
i) Services started to be performed with the approval of the consumer before the right of withdrawal expires, and
j) It does not apply to contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
11. DEFAULT AND LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that in case of default when making payment transactions by credit card, he will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees that may arise from the BUYER, and in any case, in case of default due to the BUYER's debt, the BUYER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.
12. COMPETENT COURT FOR DISPUTE RESOLUTION
In disputes arising from this contract, complaints and objections, the arbitration committee and the consumer court are authorized to address consumer issues within the monetary limits specified in the law below, where the consumer resides or where the consumer transaction is made.
13. ENFORCEMENT
This contract consisting of 13 (thirteen) articles is read by the parties; It was concluded and entered into force on the date of confirmation received electronically by the buyer.
SELLER BUYER
Neophoria Medikal Ürünleri Ticaret LTD.ŞTİ.