ARTICLE 1 – PARTIES
|TITLE : FESLİKAN MEDİKAL LTD. CO. (Hereinafter referred to as “Seller”)|
|ADDRESS CUMHURİYET MH. ABDİ İPEKÇİ CADDESİ ALTINTAŞ APT. 52/A MURATPAŞA/ANTALYA|
|E-MAIL : firstname.lastname@example.org|
|Website : inwhite-tr.com|
|NAME/Surname/TITLE /T.C. : (Hereinafter referred to as “Buyer”)|
Payment Method and Plan :
Delivery Address :
Person to be delivered to:
Invoice Address :
Order Date :
Delivery method : The shipping fee, which is the cost of product shipment, will be paid by the BUYER.
Name Surname /
Invoice delivery: The invoice will be delivered with the order to the invoice address during order delivery.
ARTICLE 2 – SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation published in the Official Gazette on 7/11/2013 regarding the sale and delivery of the product / products that the CUSTOMER ordered electronically from the website inwhite-tr.com and whose code, name, quantity and sales price are specified in the invoice in Article 3.
ARTICLE 3 – DETERMINATION OF MATTERS RELATING TO THE CONTRACTUAL PRODUCT, PAYMENT AND DELIVERY
The main characteristics of goods or services are available at inwhite-tr.com. It is the selling price listed about the products and advertised on the site. Announced prices and campaigns will remain valid until they are updated and changed. Prices announced for a period of time will be valid until the end of the specified period. All taxes of the goods or services subject to the contract are included in the sales price and published on the site.
It has been agreed that the contract price will be paid in the following payment method.
Credit card, debit card, bank transfer, and electronic funds transfer.
The name, quantity, sale price including VAT, payment method, basic characteristics, and delivery information of the subject of the agreement are shown below.
|PRODUCT||Quantity||Unit price||Subtotal (including VAT)||Shipping fee||Total payment|
3.2-A Delivery Method and Schedule
After the ordered product(s) are supplied by IN WHITE, the shipment will be initiated within 3-10 business days, depending on the category.
3.2-B Delivery Costs and Fulfillment
The delivery costs of the contracted product are the responsibility of the buyer. The delivery will be made by the seller within a maximum of 14 days after the buyer has paid the contract price to the seller. If the buyer fails to make the agreed payment within 1 day after the contract is signed, the seller’s delivery obligation shall cease.
The invoice will be delivered to the buyer at the time of product delivery.
3.3 Late Payment Interest
The payment for the purchased products will be made in cash or by credit card. Therefore, no late payment interest is applied by the SELLER.
ARTICLE 4 – GENERAL PROVISIONS
4.1. The buyer declares that they have read and fully understood the preliminary information regarding the essential characteristics of the product, the sales price including all taxes and payment method, as well as the delivery period and the fact that the expenses of the delivery will be covered by the BUYER, and that they have provided the necessary confirmation electronically, having accurate and complete knowledge of the full trade name, address, and contact information of the SELLER on the inwhite-tr.com website.
4.2. The subject of the contract product or service will be delivered to the BUYER or the person/institution specified at the address within the period specified in the preliminary information on the website, provided that it does not exceed the legal period of 30 days, depending on the distance of the BUYER’s place of residence.
4.3. If the contracted product 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 designated person/organization.
4.4. The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems encountered by the shipping company during the delivery process. Even if the BUYER is not present at the delivery address at the time of delivery, the SELLER will be deemed to have fulfilled their obligation in full and without any deficiencies. Therefore, the BUYER shall bear any damages arising from the late receipt of the product and any expenses incurred due to the product being held at the shipping company and/or returned to the SELLER.
4.5. If the payment for the services subject to the contract is made by the BUYER with a credit card, the BUYER shall bear any legal risks arising from the use of the credit card by unauthorized persons, including unauthorized and unlawful use, even if the cardholder is different from the BUYER or the person to whom the service will be provided. The BUYER acknowledges and undertakes that in the event of any harm or damage arising from the aforementioned situations, they will not make any claims against the SELLER.
4.6. In case a repair request is made for the product, the periods specified in the Consumer Protection Law and relevant regulations will be applied.
4.7. The SELLER, provided that there is a justifiable reason, may supply the BUYER with a product of equal quality and price before the expiration of the performance obligation arising from the contract.
4.8. If the SELLER is unable to deliver the product within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation disruptions, the SELLER is obliged to inform the BUYER about the situation. In such case, the BUYER may choose to cancel the order, request a replacement with a similar product if available, and/or request a deferral of the delivery period until the impediment is resolved. In case of the BUYER’s cancellation of the order, the amount paid will be refunded within 10 days, using the same payment method as the original order.
4.9. The seller reserves the right to change the intermediary shipping company for the delivery of an order for end-users, without providing any information, as long as there is no temporary disruption.
4.10. In case the buyer’s credit card, bank card, debit card, or other payment systems offered on the website are used unlawfully or in an unauthorized manner by third parties, and as a result, the bank or financial institution does not pay the product price to the seller, the buyer is obliged to return the respective product to the seller within 3 (three) days after receiving it. In such case, the shipping expenses shall be borne by the buyer.
4.11. Once the package is received, it is considered that the delivery company has fulfilled its duty properly. Therefore, packages that are determined to be damaged during delivery should not be accepted and a report should be filed.
ARTICLE 5 REFUND PROCEDURE
5.1. In cases where the BUYER is entitled to exercise their right of withdrawal or if the product subject to the order cannot be supplied for various reasons or in cases where a decision is made by the arbitration board to refund the amount to the BUYER, the SELLER shall refund the full amount collected, including the product price, within 14 (fourteen) days to the relevant bank in the payments made by credit card, debit card, or other payment systems provided on the Website, after the cancellation of the order by the BUYER. The refund of the payment to the BUYER’s credit card(s) will be made in installments, with the same number of installments as the original purchase, as determined by the bank. After the refund amount is transferred to the bank, it is entirely dependent on the banks’ processes for the amount to be reflected in the BUYER’s accounts. The SELLER does not have any control over this process and cannot intervene in any way.
5.2. The products to be returned or exchanged should be placed in a separate package/box and returned in a way that they will not be damaged during shipping. Returns or exchanges will not be possible if the original packaging of the products is damaged or if shipping labels or stickers are attached to them, as it compromises the originality of the products and their resale value.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1. The consumer has the right to withdraw from the contract without any legal or penal liability and without stating any reason by rejecting the goods within 14 days from the date of receipt in distance contracts for the sale of goods. However, customized products are not eligible for return at the request of the consumer. This statement is clearly indicated on the product detail pages of the respective products. In distance contracts related to service provision, this period starts on the date of signing the contract. If it is agreed in the contract that the service will be performed within 14 days, the Customer may exercise their right of withdrawal until the start date of the performance. The expenses arising from the exercise of the right of withdrawal are borne by the SELLER if the product is returned using the courier company affiliated with the SELLER.
6.2. The right of withdrawal must be exercised within a period of 7 days by notifying the SELLER in accordance with Article 1 of this Agreement. The notification must be made by fax, telephone, or email as specified in Article 1 of this Agreement, and the product must not have been used in accordance with the provisions of the distance selling contract. It is a requirement that the product has not been used in accordance with the provisions of Article 6 of the distance selling contract regarding the right of withdrawal. If the return of the product is made through the shipping company contracted by the SELLER, the return shipment costs will be covered by the SELLER.
6.3. 14 The product to be returned within the daily period must be delivered with its box, packaging, complete, undamaged, unwashed, not altered by a tailor, and unused. The price of the product will be refunded to the Customer within 14 days following the receipt of these documents by the Seller.
6.4. In case of exercising this right, it is mandatory to return the original invoice along with the sample of the delivery receipt confirming that the product delivered to the third party or the Customer has been returned to the Seller. If the original invoice is not sent, VAT and any other applicable legal obligations cannot be refunded.
Article 7 – Products Not Eligible for Withdrawal Right
Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:
- a) Contracts related to goods or services whose prices are subject to fluctuations in financial markets and are not under the control of the seller or provider,
- b) Contracts related to goods that are customized or tailored to the consumer’s specific requests or personal needs.
- c) Contracts for the delivery of perishable or expired goods.
- ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
- d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
- e) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
- f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
- g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
- ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer
- h) Contracts for services started with the approval of the consumer before the expiry of the right of withdrawal.
- LIABILITY FOR DAMAGE
Except for discrete cases arising from the law, the necessity of the situation or the special conditions stipulated in the contract, the benefit and damage of the sold movable belongs to the seller until the transfer of possession. In the case of movable sales, if the buyer defaults in taking over the possession of the sold, the benefit and damage of the sold property passes to the buyer as if the transfer of possession has occurred. If the seller sends the goods to another place at the place of performance at the request of the buyer, the benefit passes to the buyer when the goods are delivered to the carrier.
- Responsibility Arising from Defect
Defective Goods: Inconsistent with the quantity that affects the quality or quality contained in its packaging, label, promotion and user manual or advertisements and announcements or notified by the seller or determined in its standard or technical regulation, or which reduces or eliminates its value in terms of allocation or usage purpose or the benefits expected from it by the consumer. Goods that contain material, legal or economic deficiencies are considered as defective goods.
The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the goods. In this case, the consumer has the right to withdraw from the contract, including the refund, to replace the goods with a non-defective one, or to request a price reduction or free repair at the rate of defects. The seller is obliged to fulfill this demand preferred by the consumer. Along with one of these optional rights, the consumer also has the right to demand compensation from the manufacturer-manufacturer in cases that cause death and/or injury caused by the defective goods and/or cause damage to other goods in use.
If those held responsible for the defect with this article have not assumed responsibility for the defect for a longer period of time, the liability for the defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect occurred later.
Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.
It is obligatory to put a label containing the phrase “disabled” on the defective goods to be sold or on their packaging, by the manufacturer or the seller, in a way that the consumer can easily read. It is not obligatory to put this label in places where only defective goods are sold or a part of which is permanently allocated to the sale of defective goods, such as a floor or department, in a way that the consumer can know. The fact that the goods are defective is shown on the invoice, receipt or sales document given to the consumer.
Unsafe goods, even if the label be placed on the market is impaired. These products are subject to the provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products.
These provisions also apply to any consumer transaction related to the sale of goods.
- Default Provisions
In case the parties fail to fulfill their obligations under this contract from their resources, the Default provisions in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations without a justifiable reason, the other party will give the non-performing party a period of 7 days for the performance of the said act. If it is not fulfilled within this period, the party who does not fulfill its performance will be deemed to be negligent and the creditor may request the performance of the debt and delay compensation due to the non-performance of the debt, or request the compensation of the damage arising from the non-performance of the debt by informing the other party that he has waived these rights, or withdraw from the contract. In case of revocation of the contract, the parties are mutually relieved of their obligation to perform and may request back their previous performances.
- Force Majeure
Force majeure is defined as a force majeure event that does not exist or is unpredictable at the time of signing the contract, develops beyond the control of the parties, and prevents one or both of the parties from fulfilling their obligations and responsibilities under the contract partially or completely or fulfilling them at the agreed time. In case of force majeure (natural disaster, war, terrorism, uprising, changing legislation provisions, pandemic, seizure, strike lockout, significant malfunction in production facilities), the party that cannot fulfill its debt due to force majeure shall immediately notify the other party of the situation.
- RESOLUTION OF DISPUTES
Complaints and objections in disputes arising from this contract, Provincial and District Consumer Arbitration Committees up to the value announced by the Ministry of Customs and Trade, and Consumer Courts in cases exceeding these limits are authorized. The Consumer Arbitration Committee and the Consumer Courts are authorized in the place where the buyer purchased the product and service and where he or she resides.
The Parties agree that the SELLER’s books and records, documents, computer records, printouts and the minutes to be drawn up will be valid, binding, final and exclusive evidence in case of disputes that may arise from this Agreement, and that in case of a lawsuit, the Parties shall comply with HMK.193 of this article. It accepts and declares that it is in the nature of a written evidence contract within the meaning of the article.
When the BUYER makes the payment for the order placed on the Site, 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 before the order is fulfilled.
BUYER:……. SELLER: FESLIKAN MEDİKAL LTD.ŞTİ.