DISTANCE SALES CONTRACT

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions set forth below.

1. ‘BUYER’ ; (hereinafter referred to as “BUYER” in the agreement)

NAME- SURNAME:
ADDRESS:

1. ‘SELLER’ ; (hereinafter referred to as “SELLER” in the agreement)

NAME- SURNAME: Oraynil Özel Sağlık Hizmetleri Tic. Ltd. Şti
ADDRESS: Yeni Baraj Mahallesi Hacı Ömer Sabancı Bulvarı 68011 Sk. Aktur Nehir Apt. Ground Floor. Seyhan /Adana

By accepting this contract, the BUYER accepts in advance that if the order subject to the contract is approved, he/she will be obliged to pay the order price and additional fees specified, such as shipping fee, tax, if any, and that he/she has been informed about this.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below will refer to the written explanations opposite them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

SERVICE: Subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,

SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods,

BUYER: A natural 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: A natural or legal person who requests a good or service through the website of the SELLER,

PARTIES: SELLER and BUYER,

CONTRACT : This contract concluded between the SELLER and the BUYER,

GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in an electronic environment.

3. SUBJECT

This contract 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 regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER’s website.

The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.

4. SELLER INFORMATION

Title
Address
Phone
Fax
Email

5. BUYER INFORMATION

Delivery Person
Delivery Address
Phone
Fax
Email/username

6. ORDERING PERSON INFORMATION

Name/Surname/Title

Address
Phone
Fax
Email/username

7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO CONTRACT
8. Basic characteristics (type, quantity, brand/model, color, quantity) are published on the SELLER’s website. If a campaign is organized by the Seller, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.

7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.

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

 

Product Description	Quantity	Unit Price	Subtotal (VAT Included)
Shipping Amount
Total :

 

Payment Method and Plan

Delivery Address

Delivery Person

Invoice Address

Order Date

Delivery Date

Delivery Method

 

7.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.

8. 8. INVOICE INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username
Invoice delivery :The invoice will be delivered to the invoice address together with the order during the order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER’s website, is informed and has made the necessary confirmation electronically. The BUYER accepts, declares and undertakes that he/she has obtained the address that should be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely by confirming the Preliminary Information electronically.

9.2. Each product subject to the contract will be 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 place of residence, provided that it does not exceed the legal period of 30 days. 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 accepts, declares and undertakes to deliver the product subject to the Contract complete, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the job, free from any defects, in a solid manner in accordance with the requirements of the legal legislation, in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with caution and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.

9.5. The SELLER accepts, declares and undertakes that if the fulfillment of the product or service subject to the order becomes impossible and if it cannot fulfill its obligations subject to the contract, it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within 14 days.

9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and that if the contractual product price is not paid for any reason and/or is canceled in bank records, the SELLER’s obligation to deliver the contractual product will end.

9.7. The BUYER accepts, declares and undertakes that if the contractual product price is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER’s credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the contractual product to the SELLER within 3 days, the shipping costs of which will be borne by the SELLER.

9.8. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that occur beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is canceled by the BUYER, in payments made by the BUYER in cash, the product price shall be paid to the BUYER in cash and in a single payment within 14 days. In payments made by the BUYER by credit card, the product price shall be returned to the relevant bank within 14 days after the order is canceled by the BUYER. 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 since the reflection of this amount to the BUYER’s account after it is refunded to the bank is completely related to the bank transaction process, BUYER cannot hold the SELLER responsible for possible delays.

9.9. SELLER has the right to reach BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by BUYER later. BUYER accepts and declares that SELLER may engage in the communication activities specified above towards BUYER.

9.10. BUYER shall inspect the goods/services subject to the contract before receiving them; check for any damages, breakage, torn packaging, etc. will not accept the delivery of damaged and defective goods/services from the cargo company. The goods/services received will be deemed to be 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 must not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present 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 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 requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER’s website is true and that the SELLER will compensate all damages it may suffer due to the untruthfulness of this information immediately, in cash and in one go upon the first notification of the SELLER.

9.13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.

9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. In addition, the member may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

9.15. Links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER’s website. These links are provided for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.

9.16. The member who violates one or more of the articles listed in this agreement shall be personally responsible for this violation in penal and legal terms and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; if the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. BUYER; in case the distance contract is related to the sale of goods, he/she may use the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the consumer’s approval before the end of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, a written notice must be given to the SELLER by registered mail, fax or e-mail 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 Used” provisions set forth in this contract. In case of using this right,

3. a) the invoice of the product delivered to the person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
4. b) the return form,
5. c) the products to be returned must be delivered complete and undamaged together with their boxes, packaging, and standard accessories, if any.
6. d) the SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the notice of withdrawal and to take back the goods within 20 days.
7. e) if there is a decrease in the value of the goods due to a reason arising from the fault of the BUYER or if the return If this becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to his fault. However, the right of withdrawal may not apply to damages arising from improper use of the goods or products within the period of time.
   BUYER is not responsible for changes and damages.
8. f)If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
9. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at the request of the BUYER or clearly in line with his/her personal needs and are not suitable for return, products that are in danger of rapid deterioration or whose expiration date may have passed, products that are not suitable for return in terms of health and hygiene if the package is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, 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, it is not possible to return them according to the Regulation. In addition, it is not possible to use the right of withdrawal for services that have started to be performed with the consumer’s approval before the expiration of the right of withdrawal period according to the Regulation.

In order for cosmetics and personal care products, underwear products, swimsuits, 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, untested, undamaged and unused.

 

 

12. DEFAULT AND LEGAL CONSEQUENCES

The BUYER accepts, declares and undertakes that if he/she defaults when making payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement with the cardholder bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees from the BUYER and in any case, in the event that the BUYER defaults due to its 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.

13. AUTHORIZED COURT

Complaints and objections in disputes arising from this contract, will be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made within the monetary limits specified in the law below. Information on the monetary limit is as follows:

To be valid as of 28/05/2014:

68. a) In accordance with Article 68 of the Law No. 6502 on Consumer Protection, applications are made to district consumer arbitration committees for disputes with a value of less than 2,000.00 (two thousand) TL,
69. b) In disputes with a value of less than 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration committees,
70. c) In provinces with metropolitan status, applications are made to provincial consumer arbitration committees for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
    This Agreement is made for commercial purposes.
71. ENFORCEMENT

BUYER is deemed to have accepted all the terms of this Agreement when he/she makes the payment for the order placed on the Site. SELLER is obliged to make the necessary software arrangements to receive confirmation that this Agreement has been read and accepted by BUYER on the Site before the order is placed.

SELLER:

BUYER:

DATE: