Distance Sales Contract
ARTICLE 1 - PARTIES
1.1- SELLER:
Title: Dağcı Natural Products Food Industry Trade Limited Company (“ Valerian Cosmetic ”)
Address: Bağlarçeşme Mh. Dogan Arasli Find. No:139b Esenyurt/Istanbul
Phone: +905494502444
E-mail: info@valeriancosmetic.com
1.2- BUYER:
Name/Surname/Title:
Address:
Telephone:
E-mail:
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 the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website.
ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT
History :
|
Product Name |
Piece |
Total Product Amount |
The type and kind, quantity, brand/model and color sales price of the products are as stated above.
Payment method:
Shipping address:
Total with
ARTICLE 4: DELIVERY CONDITIONS AND DELIVERY METHOD OF THE GOODS TO BE PURCHASED
4.1. The contract shall enter into force upon electronic approval by the Buyer and shall be executed upon delivery to the Buyer of the goods or services purchased by the Buyer from the Seller. The goods shall be delivered to the address and person/persons specified by the Buyer in the order form and in this article. The Seller shall fully fulfill its obligations arising from this contract by delivering the product complete, intact, with the qualities specified in the order, together with the user manual and warranty documents, if any.
4.2. The Seller shall have no liability whatsoever for failure to complete the delivery due to reasons such as the Buyer or the person/persons designated by the Buyer not being at the specified address at the time of delivery or the address being incorrectly specified. The Buyer unconditionally waives its rights to file a lawsuit or initiate legal proceedings against the Seller for compensation for its damages in such cases.
Recipient Address to Which the Goods Will Be Delivered:
Person(s) to be Delivered:
ARTICLE 5: DELIVERY, DELIVERY COSTS AND PERFORMANCE
5.1 . The Seller processes the order placed on the Website after the Product fee reaches the bank account. Then, a confirmation e-mail is sent to the Buyer and the Product/Products are delivered to the Seller's contracted cargo company.
5.2 . The Seller shall deliver the goods or services within 30 (thirty) days from the date the goods or services are ordered by the Buyer, except for the cases where it becomes impossible to fulfill the goods or services subject to the order. This period may be extended by a maximum of 10 (ten) days, provided that the Buyer is notified in advance in writing or via a continuous data carrier. The periods elapsed due to the Buyer's failure to perform the transactions that must be fulfilled by the Buyer in order for the Seller to fulfill the Contract, especially according to the law of the place where the Buyer lives, and the periods elapsed due to the breach of obligations that must be fulfilled by the Buyer in order for the Seller to fulfill its obligations are not included in the 30-day period and the Seller cannot be held responsible for any delays that may occur for this reason. All responsibility belongs to the Seller until the moment the product is delivered. The delivery date of the products specified as "estimated delivery date" on the website is stated as an estimate and this statement does not include any commitment.
5.3. In regions where the Cargo Company delivers once a week, there may be a delay in the specified day period in cases of inaccuracies or deficiencies in the shipping information, some social events and natural disasters. The Buyer cannot impose any liability on the Seller due to these delays.
5.4. If the Product is to be delivered to a person/organization other than the Buyer, the Seller is not responsible for any excess shipping costs that may arise from the person/organization to whom the delivery is made not accepting the delivery, incorrect shipping information and/or the Buyer not being at the location. If the Product/Products have not reached the Buyer within the specified days, delivery problems must be reported immediately to customer services using the e-mail address info@valeriancosmetic.com .
5.5. Unless otherwise provided, packaging, cargo and delivery costs are covered by the Buyer, except for the amount determined for campaign purposes on the valeriancosmetic.com website.
5.6. In order for the delivery of the Product subject to the Contract, the price of this Contract must be paid by the payment method preferred by the Consumer. 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.
5.7. In case of order cancellations made by the Buyer after the goods have been shipped by the Seller but before they have been received by the Buyer, the Buyer is responsible for the shipping costs.
5.8. In cases where the fulfillment of the ordered goods or services becomes impossible, the Seller shall notify the Buyer within 5 (five) days from the date of learning about this situation and shall refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification.
ARTICLE 6: REPRESENTATIONS AND WARRANTIES OF THE BUYER
6.1. The Buyer accepts and undertakes to share the information to be provided through the Website and requested by the Seller in a complete and accurate manner in order to properly perform the service in accordance with this Agreement. The Buyer accepts and declares that the responsibility is entirely borne by the Buyer in the event that the information is provided incorrectly and/or incompletely.
6.2. The Buyer accepts, declares 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 are completely and exclusively the responsibility of the Buyer.
6.3. The Buyer cannot use the Seller's website in any way that disrupts public order, is against general morality, disturbs or harasses others, for an illegal purpose, or infringes on the material or moral rights of others. Furthermore, the member cannot engage in any activity that prevents or makes it difficult for others to use the services.
6.4. The Buyer declares that he/she has read and is informed about the preliminary information uploaded by the Seller regarding the basic characteristics of the goods or services subject to the Contract on the Website, the sales price and payment method, as well as the delivery and cargo costs, and has given the necessary confirmation electronically.
6.5. Buyers, as consumers, can submit their requests and complaints using the Seller contact information provided above and/or via the e-mail address on the Website.
6.6. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address, basic features of the ordered goods or services, price of the goods or services including taxes, payment and delivery and delivery price information that should be given to the Buyer by the Seller before the conclusion of distance contracts, correctly and completely.
6.7. The Seller reserves the right to stop, update and change the campaign conditions announced on the Website at any time. The Buyer must review the campaign conditions before each purchase from the Website.
6.8. If the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the goods or services, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer, or to contact the Seller and re-pay for the goods or services within 3 (three) days. If the Buyer chooses to request the return of the goods received in accordance with this article, the delivery expenses will be borne by the Buyer.
6.9. By approving this Agreement, the Buyer accepts all promotional, campaign and informative messages to be sent electronically and with data, audio and visual content sent for commercial purposes using means such as telephone, call centers, fax, automatic dialing machines, smart voice recorder systems, electronic mail, short message service, etc. regarding the services offered by the Seller on the Website within the framework of the Law No. 6563 on the Regulation of Electronic Commerce.
ARTICLE 7: SELLER'S DECLARATIONS AND WARRANTIES
7.1. The Seller is responsible for delivering the goods or services subject to the Contract to the Buyer in accordance with the Law, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
7.2. If the Seller cannot deliver the goods or services subject to the Contract within the specified time due to force majeure or extraordinary circumstances preventing transportation, the Seller is obliged to notify the Buyer within 5 (five) days from the date on which he learns of the situation.
7.3. If the goods or services subject to the contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to whom the delivery is made does not accept the delivery. In this case, the Buyer will make the necessary applications to have the goods or services delivered to him/her, at his/her own expense.
7.4. The Seller reserves the right to stop the order if it deems necessary and if the information provided by the Buyer does not match the truth. If the Seller detects a problem with the order and cannot reach the Buyer via the phone, e-mail and postal addresses provided by the Buyer, the Seller will freeze the execution of the order for 15 (fifteen) days. If no response is received from the Buyer within this period, the Seller will cancel the order in order to prevent damage to both parties.
7.5. The Seller is not responsible for price errors that occur due to system errors in accordance with this Agreement, nor is it responsible for advertising or pricing errors that may occur due to interventions on the system, design or illegal means on the website. The Buyer cannot claim rights from the Seller based on system errors.
ARTICLE 8: RIGHT OF WITHDRAWAL
8.1. The Buyer may exercise the right of withdrawal in transactions related to the sale of goods, without assuming any legal or criminal liability and without giving any justification, provided that the Seller is notified of the use of the right of withdrawal within 14 (fourteen) days from the date of delivery and that there is no damage on the goods beyond normal use. In order to exercise the right of withdrawal, the Seller must be notified by e-mail or telephone within this period, the contents of the product box/package must not be missing and the product must be in a resalable condition.
8.2. In case of exercising this right, it is mandatory to return the original invoice and a copy of the cargo delivery report stating that the product delivered to the 3rd party or the Buyer was sent to the Seller. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The product price is returned to the Buyer within 15 (fifteen) days from the date the consumer's withdrawal notice reaches the seller. The cargo cost of the product returned due to the right of withdrawal, if the Buyer sends it with a non-contracted cargo company, the EFT deduction and other expenses are covered by the Buyer.
8.3. The buyer must send back the goods within 10 (ten) days from the date of exercising the right of withdrawal by making the relevant notification, filling out the return request form on the website, obtaining the seller's return address information. The invoice, the box and packaging of the goods, standard accessories, if any, and other products gifted with the goods must be returned complete and undamaged. The buyer is not responsible for any changes or deteriorations that occur if the goods are used in accordance with their operation, technical specifications and instructions for use within the withdrawal period.
8.4. As long as the Buyer sends the goods to be returned within the scope of the right of withdrawal to the Seller with the Seller's contracted cargo company specified in the Preliminary Information Form and within the specified period, the return cargo cost belongs to the Seller. If the Buyer sends the goods to be returned with a cargo company other than the Seller's contracted cargo company specified in the Preliminary Information Form, the Seller is not responsible for the return cargo cost and damage to the goods during the cargo process.
ARTICLE 9: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:
- a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
- b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
- c) Contracts for the delivery of goods that are perishable or subject to expiration.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
- d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
- e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
- f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
- g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
- h) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
(i) Products sold within the scope of the campaign cannot be returned under any circumstances.
PLEASE NOTE THAT THE RETURN OF Valerian Cosmetic PRODUCTS, WHEN THEIR PROTECTIVE ELEMENTS SUCH AS PACKAGING, TAPE, SEAL, PACKAGE ARE OPENED, IS NOT SUITABLE IN TERMS OF HEALTH AND HYGIENE, AND IS SUBJECT TO ARTICLE 15 TITLED “EXCEPTIONS TO THE RIGHT OF WITHDRAWAL” OF THE DISTANCE CONTRACTS REGULATION PUBLISHED IN THE OFFICIAL GAZETTE DATED 27.11.2014 AND NO 29188, AND THE RIGHT OF WITHDRAWAL CANNOT BE USED WITH REGARDS TO Valerian Cosmetic PRODUCTS.
ARTICLE 11: CONFIDENTIALITY
11.1 The information provided by the Buyer to the Seller for the purpose of making payment and the information specified in this Agreement will not be shared with third parties by the Seller. The Seller may only disclose this information within the framework of the existence of an administrative/legal obligation. If the Seller has the information requested from it within the scope of any legal investigation with documented investigative capacity, it may provide it to the relevant authority.
11.2. The buyer's credit card information is not stored at all, credit card information is only used to obtain authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization.
11.3 . Information such as the Buyer's e-mail address, postal address and telephone number are used only by the Seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, and promotional information may be sent to the Buyer after their approval.
11.4. Valerian Cosmetic only processes personal data in accordance with the Personal Data Protection Law No. 6698 and other relevant legislation in force. Detailed information on Valerian Cosmetic 's personal data processing can be accessed from the Dağcı Doğal Ü nler Gıda Sanayi Ticaret Limited Şirketi Policy on the Protection and Processing of Personal Data within the Scope of the Personal Data Protection Law No. 6698, which is available at https://valeriancosmetic.com/.
ARTICLE 12: FORCE MAJEURE
12.1 . Situations that do not exist at the time the Contract is signed, cannot be foreseen by the Parties and cannot be foreseen, and which make it impossible for one or both Parties to partially or completely fulfill their obligations and responsibilities undertaken under the Contract or to fulfill them on time, shall be deemed as Force Majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The Party in whose person the force majeure occurs shall notify the other Party of the situation immediately and in writing.
12.2. During the continuation of force majeure, the parties will not be held liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
ARTICLE 13: DISPUTE RESOLUTION
13.1. The Buyer may submit complaints regarding the goods and services purchased to the Seller directly or via https://valeriancosmetic.com/ or info@valeriancosmetic.com. If the complaint is submitted to the Seller, the Seller will provide all possible support to resolve the problem.
13.2. In disputes arising from this contract, Turkish courts will have jurisdiction and the applicable law will be Turkish law.
13.3. For disputes up to the value declared by the Ministry of Customs and Trade each year within the borders of the Republic of Turkey, the Provincial or District Consumer Arbitration Committees where the Consumer transaction was made or where the Consumer's residence is located will have jurisdiction, and for disputes above the said value, the Consumer Courts where the Consumer transaction was made or where the Consumer's residence is located will have jurisdiction.
ARTICLE 14: DEFAULT EVENT AND ITS LEGAL CONSEQUENCES
In the event that 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 action; may demand the expenses and attorney fees that will arise from the Buyer and in any case, in the event that the Buyer defaults due to its debt, the Buyer will be liable for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.
ARTICLE 15: NOTIFICATIONS AND EVIDENCE AGREEMENT
Any correspondence between the Parties under this Agreement, except for the mandatory cases listed in the legislation, shall be made to the Parties’ legal addresses specified in this Agreement or via electronic mail. The Buyer accepts, declares and undertakes that in disputes that may arise from this Agreement, the Seller and the Seller’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, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 16: ENFORCEMENT
This Agreement, consisting of 16 (sixteen) articles, has been concluded and entered into force after being read by the Parties and approved electronically by the Buyer.
Approval Date: