Distance Selling Agreement
Distance Selling Agreement
The distance selling agreement concluded with you will be stored electronically by our company for a period of 3 (three) years from the date of establishment. After the establishment of this agreement, the contract text will be sent to your designated email address. We kindly request you to store this contract carefully.
DISTANCE SELLING AGREEMENT
ARTICLE 1 - PARTIES
1.1. SELLER:
Title: PEAK SALES DIGITAL MARKETING SALES AND FOREIGN TRADE LIMITED COMPANY
Address: ŞERİFALİ NEIGHBORHOOD MEVDUDİ STREET NO: 36/3 34775 ÜMRANİYE ISTANBUL
Phone: 0216 594 2320
1.2. BUYER ("CONSUMER"):
Name/Surname/Title:
Address:
Phone:
E-mail:
ARTICLE 2 - SUBJECT
The subject of this Agreement is the sale and delivery of the product specified below, with its characteristics and sales price stated, which the BUYER has ordered from the SELLER through electronic platforms at wwwhipetcosmetics.com and seller-owned telephones, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation.
ARTICLE 3 - SUBJECT OF THE AGREEMENT PRODUCT
The Type and Quantity of the Products, Brand/Model, Color, Number, Sales Price, and Delivery Information are as follows:
Stock Code - Product - Number - Quantity - Price TL
Packaging, shipping, and delivery expenses are covered by the seller. Delivery will be made to the address specified by the BUYER through the contracted cargo company.
ARTICLE 4 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 days from the delivery of the product to themselves or the person/organization at the address indicated, without the need to show any reason. In order to exercise the right of withdrawal within the 14-day period, it is necessary to notify the SELLER by fax, telephone, or electronic mail, and it is a condition that the packaging and content of the product are not damaged during the testing, in accordance with the provisions of Article 5 of this contract and the preliminary information published on the website. In case this right is exercised;
a) The invoice of the product delivered to the 3rd party 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 during the return. Corporate order returns where the INVOICE is not cut cannot be completed.)
b) Return form,
c) Within 14 days following the delivery of these documents to the SELLER, the product price and delivery costs will be refunded to the BUYER, and the obligation to return the product within 10 days belongs to the Buyer. It is obligatory to deliver the products to be returned complete and undamaged together with their boxes, packaging, and standard accessories.
When returning the product to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned. In case the invoice is not sent to the SELLER together with the product, VAT and other legal obligations cannot be refunded to the BUYER. The phrase "return invoice" will be written on the invoice to be returned along with the product and signed by the BUYER.
ARTICLE 5 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
By its nature; products such as disposable items, replicable software and programs, products that may deteriorate quickly or have a risk of expiration cannot be returned in accordance with legal provisions.
The return of the following products is subject to the condition that the packaging is unopened, undamaged, and the product is unused and untested.
- All kinds of Cosmetics Products
- Innerwear Products
- All Kinds of Personal Care Products
- All kinds of software and programs
- DVD, VCD, CD, and tapes
- Computer and stationery consumables (toner, cartridge, ribbon, etc.)
- Contracts related to goods or services whose prices vary due to fluctuations
**ARTICLE 6 - GENERAL PROVISIONS**
6.1 The BUYER declares that they have read and accurately and completely informed themselves about the basic characteristics of the product subject to the agreement, the sales price including all taxes and the payment method, the delivery and its expenses to be borne by the BUYER, the period within which the delivery will be made, and the full trade name, address, and contact information of the SELLER regarding preliminary information on the https://breatifyoralcare.com/ website and provided the necessary confirmation electronically. The preliminary information form on the payment page of the website and the invoice related to the sale are integral parts of this Agreement.
6.2 The two copies of this Agreement previously signed by the SELLER are accepted and signed by the BUYER, and one copy will be sent to the Buyer's email address.
6.3 The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed 30 days.
6.4 Any shipping fees related to delivery as stated in Article 3 will be borne by the buyer. If the SELLER has declared that the delivery fee will be covered by them for orders above the announced amount or in certain campaigns, the delivery cost will be covered by the SELLER. Delivery will be made as soon as possible after the stock is available and the payment is received by the SELLER's account.
6.5 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 for the refusal of delivery by the person/organization to whom the delivery will be made.
6.6 The SELLER is responsible for delivering the product subject to the contract in sound, complete, compliant with the specified qualifications in the order, and, if any, with warranty documents and user manuals.
6.7 Provided there is a valid reason, the SELLER may, with the approval of the BUYER before the expiry of the performance obligation arising from the Agreement, supply a different product of equal quality and price.
6.8 If the SELLER is unable to fulfill the obligations under the Agreement due to the impossibility of the performance of the product or service subject to the contract, the SELLER shall notify the BUYER within 3 days of becoming aware of this situation and may supply a different product of equal quality and price.
6.9 The approval of this Agreement and the payment of its price by the BUYER in the manner preferred by the BUYER are necessary for the delivery of the product subject to the contract. If the product price is not paid for any reason or is canceled in the bank records, the SELLER is deemed to have been relieved of the obligation to deliver the product.
6.10 In case the credit card belonging to the BUYER is used unlawfully or unlawfully by unauthorized persons without any fault of the BUYER after the delivery of the product, if the bank or financial institution does not pay the product price to the SELLER, the product must be sent to the SELLER within 3 days of being delivered to the BUYER, provided that it is delivered to the BUYER. In this case, the shipping costs belong to the BUYER.
6.11 In cases of force majeure or extraordinary situations such as adverse weather conditions preventing transportation, if the SELLER cannot deliver the product subject to the contract within the specified period, they are obliged to inform the BUYER. In this case, the BUYER may cancel the order, request a replacement with a similar product, and/or postpone the delivery time until the obstructive situation is resolved. If the BUYER cancels the order, the amount paid will be refunded to them within 14 days. In payments made by the BUYER's credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The reflection of this amount to the BUYER's accounts after being refunded to the bank is entirely related to the bank transaction process, and the SELLER cannot intervene in this matter in any way.
**ARTICLE 7 - DEFAULT OF THE DEBTOR**
In case of default by the BUYER, the BUYER agrees to pay the SELLER for the damages and losses arising from the delayed performance of the debt. In cases where the default of the BUYER is due to the fault of the SELLER, the BUYER will not be obliged to cover any claims for damages.
**ARTICLE 8 - COMPETENT COURT**
In case of any disputes arising from this contract; Turkish Courts will have jurisdiction, and the applicable law will be Turkish Law. For disputes up to the value announced annually by the Ministry of Customs and Trade within the borders of the Republic of Turkey, Consumer Arbitration Committees in the Province or District where the CONSUMER transaction is made or where the CONSUMER resides will be competent, and for disputes exceeding this value, Consumer Courts in the Province or District where the CONSUMER transaction is made or where the CONSUMER resides will be competent.
EXCEPTION
The provisions of this distance sales contract, which provide legal protection to consumers arising from the Law No. 6502 on the Protection of the Consumer, will only be valid if the buyer is a Consumer; the relevant articles will not be applicable between the parties if the buyer does not fit the definition of a Consumer as stipulated in Law No. 6502.
SELLER
PEAK SALES DIGITAL MARKETING SALES AND FOREIGN TRADE LIMITED COMPANY
BUYER
................... DATE
.../.../2023
