Distance Selling Contract
This Distance Sales Contract (Hereinafter referred to as the “Contract”); has been concluded between the parties below, within the terms and annexes below.
Title: Norm Medikal Ltd. Şti.
Address: Millet Caddesi Karagül Business Center 84/61 Fındıkzade / Fatih İstanbul
Telephone: 0212 532 10 63
Name-Surname: [invoice-name] [invoice-company]
The Seller and the Buyer will be referred to separately as “Parties” and together as “Parties” in this Agreement.
II. SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Contract is the price, model, feature etc. of the Buyer on the normmedikal.net website belonging to the Seller. It consists of determining the mutual rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualities and sales price are specified below.
III. PRODUCT INFORMATION
The type, quantity, brand / model, color and sales price of the product, including all taxes, are as stated in the information on the promotion page of the product on the normmedikal.net website, in this Agreement and the invoice that is an integral part of the Agreement.
[List of products]
IV. PAYMENT TERMS
Payment will be made by credit card or debit card via the payment platform on the payment page of the seller normmedikal.net website.Due to the fact that the term sales are made only with bank credit cards, the Buyer will also confirm the relevant interest rates and the information about the default interest from the bank, and the provisions regarding interest and default interest will be applied within the scope of the “Credit Card Agreement” between the bank and the Buyer in accordance with the provisions of the current legislation. accepts, declares and undertakes.In cases where the Buyer exercises his right of withdrawal or the product subject to the order is not in stock for various reasons, or if the decision of the Arbitration Committee or the Consumer Court decision is to return the price to the consumer, if the shopping is made by credit card and in installments, the Seller will pay the entire price of the product to the bank at once. The refund of the payments in installments made to the credit card of the Buyer is carried out by the bank. The said returned product price will also be transferred to the accounts of the Buyer in installments. No cash payment will be made to the Buyer by the Seller.The installment amounts paid by the Buyer until the cancellation of the sale, if the return date and the card cut-off date do not coincide; After the installments of the sale initially determined by the bank and the customer are over, the installment amounts paid until the cancellation of the sale and the installment amounts paid until the cancellation of the sale will be returned / deducted monthly to the Bank account of the Buyer.The BUYER, the average process of reflecting the amount returned to the credit card to his account by the bank may take two (2) to three (3) weeks, since the reflection of this amount to the Buyer’s accounts after the return to the bank is entirely related to the bank transaction process, the Seller ‘ It accepts, declares and undertakes that it cannot hold it responsible.
Delivery of the product will be made to the above-mentioned address of the Buyer via the courier company.Delivery costs will be borne by the Buyer. Even if the Buyer is not at the address at the time of delivery, the Seller will be deemed to have fulfilled its action completely and completely. The Seller shall not be liable for any damages caused by the Buyer’s late delivery of the product and the expenses incurred due to the fact that the product has been waiting in the cargo company and / or the cargo is returned to the Seller.Delivery will be made as soon as the stock is available and the product price is transferred to the Seller’s account. The seller will deliver the product within the legal period of thirty (30) days at the latest from the order.The Buyer accepts that the delivery made to the delivery address notified and the person present at this address at the time of delivery will be deemed to be the delivery to the Buyer.If the product subject to the contract is to be delivered to another person / organization from the Buyer, the Seller will not be responsible if the person / organization to be delivered does not accept delivery.
VI. GENERAL PROVISIONS
If the bank or financial institution does not pay the price of the product to the Seller due to the fact that the credit card belonging to the Buyer is used unfairly or unlawfully by unauthorized persons after the delivery of the product to the Buyer, the Buyer may Is obliged to send it to the Seller within (3) days. In this case, delivery costs will belong to the Buyer.The seller is responsible for delivering the contractual product in a sound, complete, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.The Buyer accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the website of the Seller, and gives the necessary confirmation in electronic environment.Communication, marketing, by letter, e-mail, SMS, phone call and other means over the address, e-mail address, fixed and mobile phone lines and other contact information of the Seller specified in the registration form on the site by the Buyer or later updated by him, has the right to reach the Buyer for notification and other purposes. The Buyer acknowledges and agrees that by accepting this contract, the Seller may engage in the above mentioned communication activities.The buyer will inspect the contractual goods / service before receiving it; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the courier company. The delivered goods / services will be deemed to be undamaged and intact. Careful protection of the goods / services after delivery will belong to the Buyer.The Buyer accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the website of the Seller. Otherwise, all legal and penal obligations that may arise will bind the Buyer completely and exclusively.The Buyer declares and undertakes that the personal and other information given while signing up to the website of the Seller is true, and that the Seller will compensate all damages that the Seller may incur due to the falsehood of this information, immediately, in cash and at once upon the first notification of the Seller.The Buyer may not use the Seller’s website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, it will not engage in activities (spam, virus, etc.) that prevent or make it difficult for others to use the services.The Buyer accepts the validity of the records of the Seller in advance, and in any dispute between the Seller and the Seller, all kinds of records, documents and books and all kinds of computer and sound records, microfilms and microfiche will constitute the sole and definitive evidence and will be binding, this acknowledges that the article is an evidence contract under the Code of Civil Procedure (HMK).For the delivery of the contractual product, the “Preliminary Information Form” and this Contract must be approved electronically by the Buyer and the cost has been paid. If, for any reason, the product price is not paid or is canceled in the bank records, the Seller will be relieved of the obligation to deliver the product.
VII RIGHT OF CASE
Receiver; has the right to withdraw from the contract within fourteen (14) days from the date of delivery of the product to itself or to the person / organization at the address indicated, without stating any justification and paying any penalty.In this case, the buyer will return the product as received, without using, destroying / destroying it.The costs arising from the use of the right of withdrawal will belong to the Seller.In order for the Buyer to exercise his right of withdrawal, it is sufficient to notify the Seller in writing within a period of fourteen (14) days, but the proof that the right of withdrawal has been exercised will belong to the Buyer.The right of withdrawal cannot be exercised in the products that are produced in accordance with the special requests and demands of the Buyer or that are customized by making changes or additions on them.If the right of withdrawal is used, the product; I. Invoice delivered to the 3rd person or the Buyer, ii. Return form, iii. The product will be delivered complete with its box, packaging and standard accessories, if any.If the original invoice is not sent, VAT and other legal obligations, if any, will not be refunded to the Buyer.If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the return invoice is issued.The Buyer is obliged to return the product to the Seller within ten (10) days after the right of withdrawal has been exercised.The seller will also carry out the refund within fourteen (14) days from the date of receipt of the withdrawal notification in accordance with the consumer’s purchase method.
VIII. TEMERRUT STATE
In case the Buyer goes into default in the transactions made by credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank will be able to take legal action; The Buyer will be able to claim the costs and the counsel’s fee from the Buyer and under all circumstances, the Buyer will indemnify the loss of the Seller due to the delayed performance of the debt.In cases where it becomes impossible to supply the goods subject to the order, the seller shall notify the Buyer within three (3) days from the date of learning about the situation. In this case, the Seller shall be able to terminate the contract immediately, return the price paid by the Buyer for the product ordered or, if any, all documents that put him under debt within fourteen (14) days at the latest.If it is understood that the contractual product cannot be supplied for a justified reason, the Buyer approves the supply and delivery of another good or service of equal quality and price, provided that the Seller informs him.If the seller cannot deliver the product subject to the contract within due time due to force majeure that may prevent him from fulfilling this obligation or due to adverse weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, the Buyer has no responsibility in such cases It will be able to use one of the rights of canceling the order or postponing the delivery period until the preventive situation is removed.
IX. AUTHORIZED COURT
In the disputes that may arise from this contract, the Consumer Arbitration Committees and the Consumer Courts where the consumer purchases the goods or services up to the value declared by the Ministry of Customs and Trade or where they are domiciled are authorized.
When the Buyer makes the payment for the order placed on the website of the Seller, it is deemed to have accepted all the terms of this contract. The seller is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the Buyer on the site prior to the realization of the order.