1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set forth below.
A.{_aliciname_} {_alicisurname_} ; (hereinafter referred to as "BUYER" in the contract)
Name/Surname/Title: {_aliciad_} {_alicisurname_}
Address:{_invoiceaddress_}
Phone:{_recipienttelefon_}
E-mail:{_recipientmail_}
ID Number: {_tcid_}
B.UMAY İLAÇ SAN VE TİC AŞ; (hereinafter referred to as "SELLER" in the contract)
Title: UMAY MEDICINE INDUSTRY AND TRADE INC.
Address: Dudullu St. No:23-25/B Brandium R2 Block D.31 Ataşehir ISTANBUL
Phone: +90 216 784 5342
Fax: +90 216 784 6478
E-mail:info@umaypharma.com
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below will express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.
SITE: The website of the SELLER,
ORDERER: A natural or legal person who requests a product or service through the SELLER's website.
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
TOPIC 3
This Agreement regulates 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, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: UMAY MEDICINE INDUSTRY AND TRADE INC.
Address: Dudullu St. No:23-25/B Brandium R2 Block D.31
Atasehir ISTANBUL
Phone: +90 216 784 5342
Fax :+90 216 784 6478
Email : info@umaypharma.com
5. BUYER INFORMATION
Person to be delivered: {_aliciname_} {_alicisurname_}
Delivery Address : {_deliveryaddress_}
Phone :{_recipienttelefon_}
Email :{_recipientmail_}
6. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
6.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are published on the SELLER's website. If a campaign is organized by the Seller, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.
6.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Date :{_date_}
{_productinformation_}
Shipping Amount: {_shipping_}
The type and kind, quantity, brand/model and color sales price of the products are as stated above.
Payment method: {_paymentwithpass_}
Delivery address: {_deliveryaddress_}
Person to be delivered:
Billing Address: {_billingaddress_}
Delivery Type: {_cargoname_}
{_paymenttable_}
6.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title: {_aliciname_} {_alicisurname_}
Address :{_invoiceaddress_}
Phone :{_recipienttelefon_}
Email/username: {_recipientmail_}
Invoice delivery: Invoice will be sent to the invoice address along with the order during delivery of the order.
will be delivered.
8. - RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters.
8.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it on the BUYER side and prevent it from being accessed by unrelated persons, belongs to the BUYER.
8.2. In addition to and confirming the permissions-approvals regarding personal data and commercial electronic communications provided by the BUYER in other ways; the information obtained during the BUYER's membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways indefinitely or for a period to be determined by the SELLER and its successors for the provision of various products/services and all kinds of information, advertisement-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications. These data may also be forwarded to the relevant Authorities and Courts when required by law. The BUYER has consented and allowed the use, sharing and processing of his/her current and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the above scope and to receive commercial and non-commercial electronic and other communications.
8.3. BUYER may stop the data usage-processing by reaching SELLER through the specified communication channels and/or by reaching them through the same channels in accordance with the legal procedure or by using the right of rejection in electronic communications sent to him/her at any time. According to BUYER’s clear notification in this regard, personal data transactions and/or communications to him/her shall be stopped within the legal maximum period; in addition, if he/she wishes, his/her information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or shall be anonymized in a way that will not reveal his/her identity. BUYER may, if he/she wishes, always apply to SELLER through the above communication channels and receive information on matters such as transactions regarding the processing of his/her personal data, persons to whom it is transferred, correction in case of deficiency or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by analyzing it with automatic systems, compensation in case of damages due to unlawful processing of data. Applications and demands regarding these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to him/her.
8.4. Regarding all information and content of the WEBSITE and their arrangement, revision and partial/full use; all intellectual and industrial property rights and property rights belong to the SELLER, except those belonging to other third parties in accordance with the agreement of the SELLER.
8.5. SELLER reserves the right to make any changes it may deem necessary regarding the above issues; these changes shall be valid from the moment they are announced by SELLER on the WEBSITE or by other appropriate methods.
8.6. Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER's website, has been informed and has given the necessary confirmation electronically. BUYER's electronic confirmation of the Preliminary Information, accepts, declares and undertakes that he/she has obtained the address that should be given to BUYER by SELLER before the establishment of the distance sales contract, basic characteristics of the ordered products, price of the products including taxes, payment and delivery information correctly and completely.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance to the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the job, free from any defects, in accordance with the requirements of the legal legislation, in a sound manner and in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
9.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and that if the contractual product price is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the contractual product will be terminated.
9.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.
9.8. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a single payment within 14 days. In the case of payments made by the BUYER with a credit card, the product price shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
9.9. SELLER has the right to contact BUYER via letter, e-mail, SMS, telephone conversation and other means for communication, marketing, notification and other purposes through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by BUYER later. BUYER accepts and declares that SELLER may engage in the above-mentioned communication activities towards him/her by accepting this contract.
9.10. BUYER shall inspect the goods/services subject to the contract before receiving them; shall not accept damaged and defective goods/services such as crushed, broken, torn packaging etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to BUYER. If the right of withdrawal is to be used, the goods/services shall not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided to the SELLER while becoming a member of the website in accordance with the contract is true and correct, and that it will compensate the SELLER for all damages it may suffer due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise in accordance with the contract will bind the BUYER completely and exclusively.
9.14. BUYER cannot use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, members cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9.15. Links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are placed for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract shall be personally liable for this violation in legal and criminal terms and shall hold the SELLER harmless from the legal and criminal consequences of such violations. In addition; in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership contract.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is related to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is required that a written notice be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days in accordance with the contract and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. In case of exercising this right,
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. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal in accordance with the contract and to take back the goods within 20 days.
e) If the value of the goods decreases due to a reason caused by the fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return goods that are prepared in accordance with the contract, at the request of the BUYER or clearly in line with his/her personal needs, goods that are not suitable for return, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated by their nature, products that are opened by the BUYER, if the packaging is opened by the BUYER. In addition, it is not possible to use the right of withdrawal for services that have started to be performed with the consumer's approval before the expiration of the right of withdrawal period, according to the Regulation.
In order for cosmetics and personal care products to be returned, their packaging must be unopened, untested, undamaged and unused.
12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the BUYER defaults in the payment transactions made by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER defaults due to his/her debt, the BUYER accepts, declares and undertakes that he/she will pay the loss and damage suffered by the SELLER due to the delayed payment of the debt.
13. COMPETENT COURT
Complaints and objections in disputes arising from this contract shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the Law.
14. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.
SELLER: UMAY MEDICINE SAN VE TİC AŞ
RECEIVER: {_aliciname_} {_alicisurname_}
DATE : {_date_}