Distance Sales Agreement
1. SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Principles and Procedures for Distance Contracts regarding the sale and delivery of the product, whose qualities and sales price are specified below, ordered electronically by the BUYER from the website www.trglobalpharma.com.tr of the SELLER.
2. SELLER INFORMATION
Name: Saadia Mohammed Tr Global Pharma
Address: Marmara Mahallesi, 115 Sokak, Konut: A-B Blok No: 4A/17 Beylikdüzü/İstanbul
Phone: +905453821462
3. BUYER INFORMATION (Hereinafter referred to as the BUYER)
Name/Surname/Title: %INVOICE_NAME_SURNAME%
Address: %INVOICE_ADDRESS%
Phone: %INVOICE_PHONE_1%
Email: %MEMBER_EMAIL%
4. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
The type, quantity, brand/model, color, number, sales price, payment method, and details at the time the order was completed of the goods/products/services are as follows. These details may change without notifying the BUYER.
%PRODUCTS%
5. GENERAL PROVISIONS
5.1 The BUYER declares that they have read and are informed about the basic qualities, total price including all taxes, payment method, delivery, and the fact that the delivery costs will be borne by the BUYER, the delivery period, and the full trade name, address, and contact information of the SELLER on the website www.trglobalpharma.com.tr, and that they have given the necessary confirmation in the electronic environment.
By confirming this agreement electronically, the BUYER confirms that, before the conclusion of the distance contracts, they have accurately and completely obtained the address, basic features of the products ordered, the prices of the products including taxes, and the payment and delivery information required to be provided to the Consumer by the SELLER.
5.2 The product subject to the contract shall be delivered to the BUYER or the person/institution at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal 30-day period for each product. The shipping fee for the delivery mentioned in Article 3 shall be borne by the BUYER and will be reflected on the invoice as “Shipping Fee.”
5.3 If the product subject to the contract is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible if the person/institution to be delivered does not accept the delivery.
5.4 The SELLER cannot be held responsible for any issues the cargo company encounters during the delivery of the product to the BUYER, and thus the ordered product cannot be delivered to the BUYER. In case of a damaged package, the damaged packages should not be accepted, and a report should be prepared by the cargo company official. If the cargo company official claims that the package is not damaged, the BUYER has the right to have the package opened there and check that the products are delivered undamaged, and request that the situation be determined with a report. Once the package is accepted by the BUYER, it is considered that the cargo company has fulfilled its duty. If the package is not accepted and a report is prepared, the situation must be reported to the SELLER’s customer service department as soon as possible, together with a copy of the report.
5.5 The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty certificates and user manuals, if any.
5.6 The SELLER may supply a different product of equal quality and price to the BUYER before the fulfillment period ends, provided there is a justified reason. If the SELLER is unable to deliver the product subject to the contract within the period due to force majeure or other exceptional circumstances, such as weather conditions that prevent shipment, interruption of transportation, or stock/crop constraints, the SELLER is obliged to inform the BUYER. In such a case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with its equivalent, and/or delay the delivery period until the obstruction is removed. In such a case, the BUYER will not have any additional material or moral damage compensation rights. If the BUYER cancels the order, the amount paid will be refunded to them in full within 10 days. The SELLER cannot be held responsible for delays caused by the bank in processing the refund.
5.7 The delivery of the product subject to the contract is contingent upon the delivery of the signed copy of this agreement to the SELLER or the approval of this agreement in an electronic environment, and the payment of its price by the BUYER using the payment method they have chosen. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
5.8 The BUYER accepts and declares that the credit card information they defined during the shopping is correct, and that they are legally and criminally responsible for the usage of this credit card. If the product is delivered to the BUYER after the BUYER’s credit card is unlawfully or illegally used by unauthorized persons, not due to the BUYER’s fault, and if the related bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to send the product back to the SELLER within 3 days, provided it has been delivered to them. In such cases, shipping costs are borne by the BUYER. If the BUYER does not return the product, the BUYER agrees and declares that the product price will be transferred to the SELLER’s bank accounts without the need for any further notice if the product price is not charged to the credit card or the product price is refunded to the credit card for any reason.
5.9 The points given to the customer by the SELLER through a campaign are valid only for one shopping transaction. These points are not refunded, even if the product is returned. If the BUYER pays by credit card, the product amount is refunded to the relevant bank within 7 days after the cancellation of the order by the BUYER. The reflection of this amount on the BUYER’s accounts after the refund to the bank is entirely related to the bank’s transaction process, and the BUYER accepts that the SELLER cannot intervene in any way for possible delays and that the amount refunded by the SELLER to the credit card may take 2 to 3 weeks on average to be reflected in the BUYER’s account.
5.10 The parties accept and declare that all computer records of the SELLER shall be taken as the sole and exclusive evidence in accordance with Article 193 of the Code of Civil Procedure, and that such records constitute an evidence agreement.
The SELLER is entitled to send information emails to the electronic mail addresses and SMS to the mobile phones of its members within the scope of this membership agreement, and the member shall be deemed to have accepted the sending of information emails to their email address and SMS to their mobile phone upon approving this membership agreement.
This agreement becomes effective after being approved electronically by the BUYER (after membership is completed) and delivered to www.trglobalpharma.com.tr.
6. INVOICE INFORMATION
Payment Method: %PAYMENT_METHOD%
Delivery Address: %DELIVERY_ADDRESS%
Recipient: %RECIPIENT%
Invoice Address: %INVOICE_ADDRESS%
Shipping Fee: %SHIPPING_FEE% TL
Invoice delivery: The invoice will be delivered to the invoice address together with the order during delivery.
7. RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract without providing any reason within 14 days from the delivery of the product to them or to the person/institution at the address indicated.
However, the return of products prepared specifically for the BUYER for holidays, special days such as New Year’s, Mother’s Day, and similar, or products sold and/or imported as promotional items cannot be accepted; the BUYER accepts these terms by making their purchase.
To exercise the right of withdrawal, the BUYER must notify the SELLER via fax or email within the 14-day period, and the product must be unused/unopened as per the provisions of Article 6 of this agreement. In case of exercising this right:
a) The invoice of the product delivered to the 3rd party or the BUYER must be returned. (If the product to be returned is invoiced to a corporation, it must be returned with the return invoice issued by the corporation. Return requests for orders with invoices issued to corporations cannot be completed without a RETURN INVOICE.)
b) The products to be returned must be delivered complete and undamaged, along with their box, packaging, and standard accessories, within the 14-day period. The product price will be refunded to the BUYER within 10 days following the receipt of these documents by the SELLER.
The shipping cost of the returned product due to the right of withdrawal shall be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
When returning the product to the SELLER, the e-archive invoice copy, which was presented to the BUYER during the delivery of the product, must also be returned (to ensure consistency with our accounting records), and if the invoice is not sent back with the product or within 5 days at the latest from the date the product is sent, the return process will not be completed, and the product will be returned to the BUYER with a counter-payment to the BUYER.
8. AUTHORIZED COURT
In disputes that may arise from this agreement, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and the Istanbul Consumer Courts are authorized within the scope of the Consumer Law in force.
In case the order is completed, the BUYER is deemed to have accepted all the terms of this agreement.
9. FORCE MAJEURE
The SELLER cannot be held responsible if the obligations of the SELLER under this contract become impossible due to reasons such as natural disasters, fire, explosion, civil war, war, riots, strikes, lockouts, epidemics, infrastructure and internet failures, and power outages (“Force Majeure”). If the force majeure continues for 15 days, either party may terminate this contract without any compensation obligation.
10. ENTRY INTO FORCE
This Agreement consisting of 10 (ten) articles was read, understood, and electronically confirmed by the BUYER.
The SELLER: Tr Global Pharma
Date: %DATE%
The BUYER: %NAME_SURNAME%
Date: %DATE%