ARTICLE 1 – SIDES
|TITLE : FESLİKAN MEDİKAL LTD. ŞTİ. (Hereinafter referred as ‘Seller’.)|
|ADDRESS: CUMHURİYET MH. ABDİ İPEKÇİ CADDESİ ALTINTAŞ APT. 52/A MURATPAŞA/ANTALYA|
|E-MAIL : firstname.lastname@example.org|
|Mersis No :|
|Web Site : inwhite-tr.com|
|NAME/ SURNAME/ TITLE /ID NO : (Hereinafter referred as “Buyer”.)|
Payment Method and Plan :
Delivery Address :
Person to be delivered:
Invoice Address :
Order Date :
Delivery method: The shipping fee, which is the product shipping cost, will be paid by the BUYER.
Invoice delivery: The invoice will be delivered to the invoice address along with the order at the time of order delivery.
ARTICLE 2 – SUBJECT
The subject of this Agreement is regarding the sale and delivery of the product(s) that the CUSTOMER has ordered electronically from the website named inwhite-tr.com and whose code, name, quantity and sales price are specified in Article 3 on the invoice. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts published in the Official Journal on 7/11/2013.
ARTICLE 3 – DETERMINATION OF MATTERS REGARDING THE CONTRACT PRODUCT, PAYMENT AND DELIVERY
The main features of the goods or services are available at inwhite-tr.com. It is the sales price listed about the products and announced 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 decided to pay the contract price in the form of payment stated below.
Credit Card, Debit Card, Money Order and EFT
– The name, quantity, sales price including VAT, payment method, basic characteristics and delivery information of the goods or services subject to the contract are stated below.
|ITEM||QTY||PCS PRICE||SUB TOTAL (VAT INC.)||SHIPPING FEE||TOTAL|
3.2-A DELIVERY METHOD AND PLAN
After the order of product(s) are supplied by IN WHITE, the shipment will start within 3-10 working days according to the category.
3.2-B DELIVERY COSTS AND PAYMENT
The delivery costs of the product subject to the contract belong to the buyer. The delivery is made by the seller within a maximum of 14 days after the buyer pays the contract price to the seller. If the buyer has not paid the agreed price within 1 day of signing the contract, the seller’s obligation to deliver is discharged.
The invoice will be delivered to the receiving party at the time of delivery of the products.
3.3 DELAY INTEREST
Payment for the purchased products will be made in cash or by credit card. For this reason, no delay interest is applied by the SELLER.
ARTICLE 4 – GENERAL PROVISIONS
4.1. On the inwhite-tr.com website, you have read and read the preliminary information on the basic characteristics of the product subject to the contract, the sales price including all taxes, the payment method, the delivery and the costs of this, the delivery time, and the full trade name, full address and contact information of the SELLER declares that it has accurate and complete information and gives the necessary confirmation in electronic environment.
4.2. The product or service subject to the contract is delivered to the BUYER or the person/organization at the address indicated in the preliminary information on the website, depending on the distance of the BUYER’s residence for each product, provided that it does not exceed the legal 30-day period.
4.3. 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 if the person/organization to be delivered does not accept the delivery.
4.4. The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to 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 performance fully and completely. For this reason, the BUYER shall bear the expenses incurred due to any damage caused by the BUYER’s late delivery of the product and the fact that the product has been waiting in the cargo company and/or the cargo is returned to the SELLER.
4.5. In the event that the payment for the services subject to the contract is made by the BUYER by credit card, all kinds of legal risks, including the unfair and unlawful use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card holder or the person to whom the service will be provided, belong to the BUYER. The BUYER accepts and undertakes that he will not make any claims from the SELLER in case of any damage in the aforementioned situations.
4.6. If a repair is requested for the product, the periods specified in the Consumer Law and related regulations are applied.
4.7. The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a just cause.
4.8. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid will be refunded in 10 days according to the payment method in the order.
4.9. The delivery of a collected order reserves the right to change the intermediary cargo company for end users without giving any information, unless there is a temporary disruption..
4.10. After the delivery of the product, the product price of the relevant bank or financial institution due to the unfair or unlawful use of the BUYER’s credit card, debit card, debit card and/or other payment systems offered on the Website by unauthorized persons, not due to the BUYER’s fault, shall be paid by the SELLER. In case of failure to pay, the BUYER is obliged to return the relevant product to the SELLER within 3 (Three) days, provided that it has been delivered to him. In this case, the shipping costs belong to the BUYER.
4.11. After the package is received, it is deemed that the delivery company has done its duty properly. Therefore, packages that are found to be damaged during delivery should not be accepted and a report should be kept.
ARTICLE 5 PAYMENT RETURN PROCEDURE
5.1. In cases where the BUYER can use its right of withdrawal or the product subject to the order cannot be supplied for various reasons or in cases where it is decided to refund the BUYER with the decisions of the arbitral committee, the entire amount collected by the SELLER is credit card, debit card and/or debit card and presented on the Website. In payments made with other payment systems, the product amount is returned to the relevant bank within 14 (Fourteen) days after the order is canceled by the BUYER. If the BUYER has purchased the product in installments by the bank, the payment refund is made to the BUYER’s credit cards in installments in the same number of installments. After this amount is returned to the bank, the reflection on the BUYER’s accounts is entirely related to the process of the banks, and it is not possible for the SELLER to intervene in any way regarding this issue.
5.2. The products that are requested to be returned or changed must be put in a separate package / parcel and returned in such a way that they will not be damaged in the cargo. Damages that may occur on the original boxes of the products and the cargo attached to them, etc. Returns or exchanges will not be possible, as the tags impair the originality of the products and therefore their re-saleability.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1. Consumer; has the right to withdraw from the contract by rejecting the goods without taking any legal and penal responsibility and without giving any reason, within 14 days from the date of delivery in distance contracts for the sale of goods. However, returns are not accepted for customized products upon the request of the BUYER. This phrase is clearly stated on the detail pages of the relevant products. In distance contracts related to service provision, this period starts on the date of signing of the contract. If it is agreed in the contract to perform the service before the expiry of 14 days, the Customer may use his right of withdrawal until the date the performance begins. The costs arising from the use of the right of withdrawal belong to the SELLER if the product is sent with the cargo company that the SELLER has contracted.
6.2. In order to exercise the right of withdrawal, the SELLER must be notified by fax, telephone or e-mail specified in Article 1 of this Contract within 7 days and the product must not be used in accordance with the provisions of the distance sales contract. Within the scope of the right of withdrawal, the product must not have been used within the framework of the provisions of Article 6 included in the distance sales contract. In case the returned product is returned with the SELLER’s contracted cargo company, the return shipping costs will be covered by the SELLER.
6.3. The products to be returned within 14 days must be delivered complete, undamaged, unwashed, untailored and unused, together with the box and packaging. The product price is returned to the Customer within 14 days following the receipt of these documents by the Seller.
6.4. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned.
ARTICLE 7 – PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts :
1. a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or the supplier,
2. b) Contracts for goods prepared in line with the consumer’s demands or personal needs.
3. c) Contracts for the delivery of perishable or expirable goods.
4. ç) Of 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.
5. d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
6. e) Contracts for books, digital content and computer consumables offered in material environment, in case the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
7. f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
8. 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.
9. ğ) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer
- LIABILITY IN CASE OF 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.
- Liability Arising from Defect
Defective Goods : Goods that contain material, legal or economic deficiencies, 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, 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 the defective goods, the above provisions do not apply to the 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 in places such as a floor or a section that are permanently allocated to the sale of defective goods so that the consumer can know. The information 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 cannot be foreseen at the date of signing of 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 DISPUTIES
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.
SELLER : FESLİKAN MEDİKAL LTD.ŞTİ.