ARTICLE 1 – PARTIES
1.1: Seller information is as follows,
Name/Title: estorilcosmed.com
Address: Beşyol Mahallesi Aliağa street No:5/A Küçükçekmece/İSTANBUL
Phone: +90 533 433 12 51
1.2: Recipient information is as follows,
Name/Title: [show_loggedin_as_name]
Address: [show_loggedin_as_saddress]
Phone: [show_loggedin_as_phone]
Email : [show_loggedin_as_mail]
ARTICLE 2 – SUBJECT
The subject of this contract is the “Law on the Protection of Consumers No. 4077” and the “Distance Contracts Implementation Procedure” regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically from the SELLER’s “estorilcosmed.com” internet shopping site. It is the determination of the rights and obligations of the parties in accordance with the provisions of the “Regulation on the Law and Principles”.
ARTICLE 3 – QUALITIES AND QUANTITIES OF THE PRODUCT, PRICE, METHOD OF PAYMENT
3.1: Type, type, quantity/quantity, brand/model, color of the product subject to the contract, total sales price in cash and installments, including all taxes, and payment method, in Turkish Liras to be paid according to maturity in installment sales by credit card. The total sales price, the down payment amount to be paid according to the number of installments, and the payment plan for the remaining installments are as follows.
Product Information
Product Code Type of Goods Currency Amount Quantity Unit Price Discount Total
3.2: Payment Method: Payment by credit card, Payment by Money Order / EFT
3.3: On the other hand, since forward sales are made only with credit cards belonging to banks, the buyer will also confirm the relevant interest rates and information regarding default interest from his bank, and the provisions regarding interest and default interest will be made in accordance with the provisions of the legislation in force. He/she accepts, declares and undertakes that it will be implemented within the scope of the credit card agreement between the bank and the buyer.
Refund Procedure to Credit Card:
In cases where the Buyer exercises the right of withdrawal, or the product subject to the order cannot be supplied for various reasons, or a refund is decided to the Consumer by the decisions of the Arbitration Committee, if the purchase is made by credit card and in installments, the refund procedure to the credit card is stated below:
Depending on how many installments our customer purchased the product in, the Bank repays the customer in installments. After estorilcosmed.com pays the entire product price to the bank at once, and in case the installment expenditures made through the Bank POS are refunded to our Customer’s credit card, the requested refund amounts are transferred by the Bank to the holder accounts in installments, in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the customer until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 refund will be reflected on the card every month, and the customer will receive the installments he paid before the refund for another month after the installments of the sale are completed, equal to the number of installments he paid before the return, and will be deducted from his current debts. It will happen.
In case of return of goods and services purchased by card, estorilcosmed.com cannot make payment to the Customer in cash, in accordance with the agreement made with the Bank. In case of a refund, the member business, estorilcosmed.com, will make the refund via the relevant software. Since the member business, estorilcosmed.com, is obliged to pay the relevant amount to the Bank in cash or on account, the Customer cannot be paid in cash in accordance with the procedure we have explained above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after estorilcosmed.com pays the amount to the Bank in one lump sum.
The Buyer acknowledges and undertakes that he has read and accepted this procedure.
3.4: Delivery Method and Address:
Delivery Address: [show_loggedin_as_baddress]
Deliverable To: [show_loggedin_as_name]
Billing Address: [show_loggedin_as_saddress]
The delivery will be delivered by hand via the cargo company to the Buyer’s address specified above. Even if the buyer is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. For this reason, any damages arising from the late delivery of the product by the buyer and the expenses incurred due to the product waiting in the cargo company and/or returning the cargo to the SELLER belong to the BUYER.
Shipping Fee: Varies depending on the design of the product.
ARTICLE 4 – GENERAL PROVISIONS
4.1: BUYER shall use the “information form” prepared in accordance with the provisions of “Law No. 4077” and “Regulation on Implementation Procedures and Principles for Door-to-Door Sales” on the “estorilcosmed.com” website and also specified in Article 3 of the contract, He declares that he has read and informed all preliminary information regarding the basic characteristics of the product/products/services subject to the contract, the sales price, payment method and delivery, and has given the necessary confirmation electronically.
4.2: The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified 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: SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.5: For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid with the payment method preferred by the BUYER. If the product price is not paid for any reason or is canceled in bank records, the SELLER is deemed to be free from the obligation to deliver the product.
4.6: After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons, which is not due to the BUYER’s fault, the BUYER The product must be sent to the SELLER within 3 days, provided that the product has been delivered to the SELLER. In this case, shipping costs belong to the BUYER.
4.7: Defective or damaged products, whether sold with a warranty certificate or not, can be sent to the SELLER for the necessary repairs within the warranty conditions to be carried out by the authorized service, in which case the shipping expenses will be covered by the SELLER.
ARTICLE 5 – RIGHT OF WITHDRAWAL
BUYER has the right to withdraw within 14 days from the delivery of the product subject to the contract to himself or to the person/organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, email or telephone within this period and the product must not have been used within the framework of the provisions of Article 6. If this right is exercised, it is mandatory to return the copy of the cargo delivery report stating that the product delivered to the third party or the BUYER was sent to the SELLER and the original invoice. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.
We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or services within seven days from the date of receipt of the goods or the date on which the contract is signed, without assuming any legal or criminal liability and without giving any justification, and we undertake to take back the goods from the date on which the notice of withdrawal reaches the seller or provider.
In order for refunds to be made in accordance with the general communiqué of Tax Procedure Law No. 385, the relevant sections of the invoice with a refund section that we have sent to you must be filled in completely and sent back to us together with the product after signing.
However, since our customers do not pay VAT on their orders for TRNC and international shipments, they are obliged to pay the taxes on the products they receive at customs. Customers do not have the right of withdrawal for products that are not received from customs in any way. Because, in accordance with Article 8 of the REGULATION ON APPLICATION PROCEDURES AND PRINCIPLES OF DISTANCE CONTRACTS, in distance contracts for the sale of goods, the Consumer has the right to withdraw from the contract by rejecting the goods within seven days from the date of receipt, without assuming any legal or criminal liability and without giving any justification.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, and products that have expired. Exercising the right of withdrawal for the following products is subject to the condition that the product’s packaging is unopened, intact and the product is unused.
Herbal Tablet Products, Products that cannot be returned due to their nature (except in cases where the product is defective or defective, products that may pose a health hazard after opening, e.g. products that require direct contact with the body during use), disposable products, products that deteriorate quickly or have expired. and refund is not possible.
ARTICLE 7 – DEFAULT PROVISIONS
If the parties fail to fulfill their obligations under this agreement, the Debtor’s Default provisions in Articles 106-108 of the Code of Obligations will apply. In cases of default, if any party does not fulfill its obligations within the specified period without a justified reason, the other party will give 7 days to the non-performing party to fulfill the obligation in question. If it is fulfilled within this period, the party that does not fulfill its obligation will be deemed to be in default and the creditor has the right to demand the delivery of the goods and/or termination of the contract and refund of the price by demanding the performance of the obligation.
In accordance with the last paragraph of the 9th article of the Regulation on Distance Contracts, if the seller “estorilcosmed.com” cannot fulfill its contractual obligations, claiming that the fulfillment of the goods or services subject to the order has become impossible (the situation in which the product cannot be supplied from the supplier Company in any way), this situation means that the fulfillment obligation arising from the contract undertakes to notify the consumer before the expiration date. In this case, estorilcosmed.com has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer and all documents that put him in debt, if any.
If “estorilcosmed.com” cannot deliver the product subject to the contract within the time limit due to force majeure or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, in such cases, the Buyer “estorilcosmed.com” .com has no liability, and may use one of the rights to cancel the order or postpone the delivery period until the blocking situation disappears. If the BUYER cancels the order, the amount paid will be paid to him within 10 days. (For installment purchases made by credit card, the above procedure for refund to the credit card is accepted by the BUYER)
ARTICLE 8 – COMPETENT COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the place of residence of the BUYER or SELLER are authorized up to the value declared by the Ministry of Industry and Trade.
If the order is placed, the BUYER is deemed to have accepted all the conditions of this contract.
SELLER: estorilcosmed.com
RECEIVER: [show_loggedin_as_name]