DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
Business Name: Smile Hair Health Services and Tourism Consultancy Trade Limited
Address: Tatlısu Mah. Alptekin Cad. B Block No: 15 Inner Door No: 1 Ümraniye/ Istanbul
Bank Account: …
(ii) BUYER Name, Surname or Business Name:
T.R. Identity Number:
ARTICLE 2 – SUBJECT OF THE AGREEMENT
The subject of this contract is the determination of 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 with the qualifications and sales price specified below, which the BUYER has ordered from the shop.smilehairclinic.com website of the SELLER in electronic environment.
ARTICLE 3 – PRODUCT OF THE AGREEMENT
The type, quantity, brand/model, color, number, sales price, payment method, and information at the time of the order are included in the product/service description and price.
Product/Service Description and Price
Product Name: …
Shipping Fee: …
Total Order Payment (Including VAT): …
Delivery Information Payment Method:
ARTICLE 4 – MATTERS INFORMED TO THE BUYER IN ADVANCE
The BUYER acknowledges and undertakes that, for the purchase transaction made within the scope of this contract, they act as an individual or legal person who does not act for commercial or professional purposes. The BUYER accepts, declares, and undertakes that they have been informed correctly and completely about all the matters related to this Contract and the Preliminary Information Form before the establishment of this Contract and that they have read and understood them.
- The basic characteristics of the Product,
- The title, tax identification number, and contact information of the SELLER, as well as other identifying information,
- Contact information allowing the BUYER to communicate with the SELLER,
- The necessary contact information of the SELLER for the BUYER to convey their complaints about the Product(s) purchased within the scope of this Contract,
- The total price of the Product, including all taxes, and, if the price cannot be calculated in advance due to the nature of the Product, information on how the price will be calculated and information that additional charges may be paid if additional expenses cannot be calculated in advance,
- Information about payment, delivery, and performance, as well as commitments and dispute resolution methods of the SELLER for complaints,
- In cases where the right of withdrawal exists, information about the conditions, duration, procedure, and information about the carrier specified by the SELLER for the BUYER to exercise their right of withdrawal,
- The open address, fax number, or email address where the withdrawal notice will be sent and information about the conditions under which the right of withdrawal cannot be used or under which conditions the right of withdrawal will be lost,
- At the request of the SELLER, deposits or other financial guarantees to be paid or provided by the BUYER and their terms,
- Information that consumers can apply to the Consumer Court or Consumer Arbitration Committee for disputes related to disputes.
ARTICLE 5 – GENERAL PROVISIONS
5.1. Shipping costs related to the order are borne by the BUYER. The Product will be delivered to the address specified by the BUYER or to the third party designated by the BUYER through the contracted Cargo Company. In case the Cargo Company does not have a branch where the BUYER is located, the BUYER must receive the Product from another nearby branch of the Cargo Company notified by the SELLER.
5.2 If the BUYER or the persons at the address are not present during the delivery of the Product and they do not accept the delivery, the SELLER will be deemed to have fulfilled its obligation regarding this matter. If there is no one to receive the Product at the address, it is the responsibility of the BUYER to contact the Cargo Company to track the delivery of the products. In cases where the Product will be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the absence of the person/organization at the delivery address or for their refusal to accept the delivery. In such cases, any kind of damage arising from the BUYER’s late receipt of the Product, the Product waiting at the cargo company, and/or the return of the cargo to the SELLER, if any, is the responsibility of the BUYER.
5.3 The BUYER is obliged to pay the price of the Product covered by this Contract. In the event that the price of the Contract is not paid for any reason or is canceled in the bank records, the SELLER’s obligation to deliver the Product will be terminated. Payment by Credit Card: In order to make a payment with a credit card, the credit card information must be filled in completely and correctly in the relevant section. Payment with a credit card can be made in a single installment or in installments by dividing it into different installment options. The BUYER’s bank may offer campaigns by organizing installment numbers greater than the selected installment number, and services such as installment postponement may be offered. Such campaigns are at the discretion of the bank, and information about campaigns is provided on the website with the knowledge of the SELLER. From the statement date of the credit card, the total order amount will be reflected on the credit card summary of the BUYER by the bank by dividing it into installments. The bank may not distribute installment amounts equally to months, taking into account fractions. The creation of a detailed payment plan is at the discretion of your bank. Credit Card Refund Procedure: In the event of order cancellations made before the order is dispatched or in cases where the service subject to the order cannot be performed for various reasons or in cases where the Consumer Arbitration Committees decide to refund the fee to the consumer, the refund will be made to the payment method used by the BUYER in a manner suitable for the BUYER. The SELLER delivers the refund amount to the BUYER’s account in a manner suitable for the payment method. The average period for the amount refunded by the SELLER to the credit card to be reflected in the BUYER’s account by the bank is between 2 (two) and 3 (three) weeks. After the entire service fee is paid to the bank, when the installment payments made through the bank’s POS machines are refunded to the credit card of the BUYER, the requested refund amounts are transferred to the accounts of the holders by the bank, also in installments. The SELLER reserves the rights of set-off, discount, and reduction arising from this Contract and the law for the amount to be refunded. The legal rights of the BUYER in cases where the Contract is terminated due to the SELLER’s failure to perform its obligation are also reserved. The BUYER acknowledges and undertakes that they have read and accepted this procedure. Refund Procedure for Bank Transfer/EFT Payment Options: In bank transfer/EFT payment options, the refund will be made by requesting bank account information from the consumer and making the refund to the account specified by the consumer (the account must be in the name of the person whose name is on the invoice address or the user of the BUYER).
5.4 The BUYER acknowledges and undertakes that the credit card information they have entered during the shopping is accurate, that they are responsible for any legal and criminal liability that may arise from the use of this credit card, and that they will return the Product to the SELLER at their own expense within 3 (three) days if the price of the Product, which is not paid by the relevant Bank, is not paid or is charged back in the Bank’s records for any reason. If the BUYER does not return the product, the price of the product will be transferred to the SELLER’s bank accounts without any need for a reminder.
5.5 If the BUYER and the cardholder used during the order are not the same person or if, before the delivery of the Product to the BUYER, a security gap is detected regarding the credit card used in the order, the SELLER may request the BUYER to provide the identity and contact information of the cardholder of the credit card used in the order, the statement for the previous month of the credit card used in the order, or a letter from the Bank stating that the credit card belongs to the cardholder from the Bank. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 (twenty-four) hours, the SELLER reserves the right to cancel the order.
5.6 The BUYER acknowledges, declares, and undertakes that the SELLER has no responsibility for payments made by the BANK to the SELLER despite the transmission of unsuccessful code by the Bank for any reason.
5.7 If it becomes impossible to fulfill the obligations under the contract in cases stipulated by the Consumer Rights Law and the relevant regulations, the SELLER shall notify the consumer before the expiration of the performance obligation arising from the contract, and the SELLER may supply a different product with equal quality and price to the consumer.
5.8 If, for any reason, after the delivery of the Product, the Bank/financial institution that owns the credit card used in the transaction does not pay the product sales price to the SELLER or requests a refund of the paid amount, the Product will be returned to the SELLER by the BUYER within 3 days at the latest, and all payments received, including the delivery costs for the canceled orders, will be refunded to the BUYER within the legal period. The SELLER reserves all legal and contractual rights for the amount to be returned without the need for any warning.
5.9 If the Product cannot be delivered due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire, etc.) beyond normal sales/delivery conditions, the SELLER will inform the BUYER about the delivery. In this case, the BUYER may cancel the purchase or wait until the end of the extraordinary situation.
5.10 Restrictions may be imposed on the quantities of products that the BUYER can order. If the BUYER wishes to order more than the specified quantity, the order may be prevented, and if the BUYER detects that they have ordered more than the specified quantity after placing the order, the orders exceeding the specified quantity may be canceled, and in this case, all payments collected, including delivery costs, will be refunded to the BUYER within the legal period. The BUYER acknowledges and accepts these matters, and by creating their order, they declare and undertake that orders exceeding the quantity limit may be prevented and canceled.
5.11 The BUYER can communicate their requests and complaints about the Product and the sale by reaching the SELLER through the communication channels in the introduction section of this Contract.
5.12 If the BUYER chooses the corporate invoice option in the orders they will give, the SELLER will prepare a corporate invoice using the tax identification number and tax office information to be notified by the BUYER. It is entirely the responsibility of the BUYER to enter the information required to be included in the invoice correctly, up to date, and complete, and therefore, the BUYER is solely responsible for any damages that may arise.
ARTICLE 6 – RIGHT OF WITHDRAWAL
According to Article 15 of the Distance Selling Regulation, in some cases, the consumer’s right of withdrawal is not possible. In cases of contracts for the delivery of goods that have been opened, such as packaging, tape, seal, package, and that are not suitable for return for health and hygiene reasons, the right of withdrawal cannot be exercised as the products are not suitable for reuse and resale. In case of products that have been opened, such as packaging, tape, seal, and package, and that are not suitable for return for health and hygiene reasons, the right of withdrawal cannot be exercised as the products are not suitable for reuse and resale.
ARTICLE 7 – CONFIDENTIALITY, PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RIGHTS
The SELLER will process personal data within the scope of this contract for the purpose of product order and delivery in accordance with the Personal Data Protection Law No. 6698 (“PDPL”). The BUYER allows the sending of commercial electronic messages for all kinds of information, advertisements, promotions, sales, marketing, store card, credit card, and membership applications. The BUYER can request not to receive electronic commercial messages by contacting the SELLER through the communication channels specified in the introduction of this Contract. Depending on the explicit notification of the BUYER, communications will be stopped. All intellectual and industrial property rights and proprietary rights of all information and content belonging to the SELLER and the arrangement, alteration, and use of these, except for those belonging to third parties, are owned by the SELLER and the companies affiliated with the SELLER. The terms and conditions and privacy and security policies of the websites that can be accessed from the Internet site or other related sites apply. The SELLER is not responsible for disputes arising from the use of information and content belonging to other third parties.
,ARTICLE 8 – EVIDENCE AGREEMENT
In the resolution of any disputes that may arise from this Contract and/or its implementation, the SELLER’s records (including but not limited to computer or voice recordings) constitute conclusive evidence. The rights arising from the relevant mandatory legal regulations of the parties are reserved.
ARTICLE 9 – AUTHORITY AND APPLICABLE LAW
This contract is subject to Turkish Law. In disputes arising from this contract, the Consumer Arbitration Committees in Istanbul Anatolian Consumer Arbitration Committees and Istanbul Anatolian Courts and Enforcement Offices are authorized for disputes up to the amount announced by the Ministry of Commerce. This amount can be updated annually by the Ministry of Commerce. This Contract is sent to the BUYER to the electronic mail address specified by the BUYER, or to the address specified with the product and the BUYER.
Price Excluding VAT:
Price Including VAT: