DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions set out below.

‘BUYER’ ; (hereinafter referred to as the "BUYER" in the agreement)

NAME-SURNAME:

ADDRESS:

‘SELLER’ ; (hereinafter referred to as the "SELLER" in the agreement)

NAME-SURNAME: VİXİ ORGANİK KİMYASALLAR VE BİYOTEKNOLOJİ SANAYİ

TİCARET LİMİTED ŞİRKETİ

ADDRESS: FENERBAHÇE MAH. İĞRİP SK. NO: 13 İÇ KAPI NO: 1

KADIKÖY/ İSTANBUL

 

By accepting this agreement, the BUYER accepts in advance that, in the event they approve the order subject to the agreement, they will be under the obligation to pay the order amount and the additional charges specified such as shipping fee, if any, and taxes, and that they have been informed of this matter.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms written below shall express the written explanations next to them.

MINISTER : The Minister of Customs and Trade,

MINISTRY : The Ministry of Customs and Trade,

LAW : The Law No. 6502 on Consumer Protection,

REGULATION : The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

SERVICE : The subject of any kind of consumer transaction other than the supply of goods, carried out or undertaken to be carried out in return for a fee or benefit,

SELLER : The company that offers goods to the consumer within the scope of its commercial or professional activities or that acts in the name of or on behalf of the one offering the goods,

BUYER : The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE : The website belonging to the SELLER,

PERSON PLACING THE ORDER: The natural or legal person who requests a good or service through the website belonging to the SELLER,

PARTIES : The SELLER and the BUYER,

AGREEMENT : This agreement concluded between the SELLER and the BUYER,

GOODS : Movable property subject to purchase, and intangible goods such as software, sound, image, and the like prepared for use in electronic media.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product whose features and sales price are specified below, which the BUYER ordered electronically through the website belonging to the SELLER.

The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.

4. SELLER INFORMATION

Title

Address

Telephone

Fax

E-mail

5. BUYER INFORMATION

Person to whom delivery will be made

Delivery Address

Telephone

Fax

E-mail/username

6. INFORMATION ON THE PERSON PLACING THE ORDER

Name/Surname/Title

Address

Telephone

Fax

E-mail/username

7. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT

1. The basic features of the Goods/Product/Products/Service (type, quantity, brand/model, color, count) are published on the website belonging to the SELLER. If a campaign has been organized by the seller, you can examine the basic features of the relevant product during the campaign. It is valid until the campaign date.

7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.

7.3. The sales price of the goods or service subject to the agreement, including all taxes, is shown below.

 

Product Description

Quantity

Unit Price

Subtotal

(VAT Included)

Shipping Amount

Total :

 

Payment Method and Plan:

Delivery Address:

Person to whom delivery will be made:

Billing Address:

Order Date:

Delivery date:

Delivery method:

 

7.4.  The shipping fee, which is the cost of dispatching the product, will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title:

Address:

Telephone:

Fax:

E-mail/username:

Invoice delivery: The invoice will be delivered to the billing address together with the order during order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that they have read and become informed about the preliminary information regarding the basic features, sales price, and payment method of the product subject to the agreement and the delivery on the website belonging to the SELLER, and that they have given the necessary confirmation in electronic media. By confirming the Preliminary Information in electronic media, the BUYER accepts, declares, and undertakes that they have also obtained, accurately and completely, the address that must be provided to the BUYER by the SELLER prior to the conclusion of the distance sales agreement, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information.

9.2. Each product subject to the agreement is 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 of the BUYER's place of residence, provided that it does not exceed the 30-day legal period. In the event that the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the agreement is reserved.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the agreement complete, in accordance with the features specified in the order, and together with warranty documents, user manuals, and information and documents required by the nature of the work, if any; to perform the work, free of any defect, in a sound manner in accordance with the requirements of the legal legislation and in compliance with the standards, within the principles of accuracy and honesty; to maintain and improve the quality of service; to show the necessary care and diligence during the performance of the work; and to act with caution and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their express approval before the expiry of the performance obligation arising from the agreement.

9.5. The SELLER accepts, declares, and undertakes that, in the event that it becomes impossible to fulfill the ordered product or service and it cannot fulfill its obligations under the agreement, it will notify the consumer of this situation in writing within 3 days from the date it becomes aware of it, and that it will refund the total amount to the BUYER within 14 days. 

9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement in electronic media for the delivery of the product subject to the agreement, and that in the event that the price of the product subject to the agreement is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the agreement will end.

9.7. The BUYER accepts, declares, and undertakes that, in the event that the price of the product subject to the agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the agreement to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the agreement to the SELLER within 3 days, with the shipping cost belonging to the SELLER.

9.8. The SELLER accepts, declares, and undertakes that, in the event that it cannot deliver the product subject to the agreement within the period due to force majeure situations such as the occurrence of circumstances that develop beyond the will of the parties, that cannot be foreseen in advance, and that prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the agreement with its equivalent, if any, and/or the postponement of the delivery period until the preventing situation disappears. In the event that the order is canceled by the BUYER, for payments made by the BUYER in cash, the product amount is paid to them in cash and in a lump sum within 14 days. For payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected to the BUYER's account by the bank may take 2 to 3 weeks, and that since the reflection of this amount to the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via letter, e-mail, SMS, telephone call, and other means, through the address, e-mail address, fixed and mobile telephone lines, and other contact information specified by the BUYER in the registration form on the site or subsequently updated by them. By accepting this agreement, the BUYER accepts and declares that the SELLER may carry out the above-mentioned communication activities directed at them.

9.10. The BUYER will inspect the goods/service subject to the agreement before taking delivery; they will not take delivery of damaged and defective goods/service such as dented, broken, or with torn packaging from the cargo company. The goods/service taken delivery of will be deemed to be undamaged and sound. The obligation to carefully protect the goods/service after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.

9.11. In the event that the BUYER and the holder of the credit card used during the order are not the same person, or in the event that a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request that the BUYER 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 cardholder's bank stating that the credit card belongs to them. The order will be frozen for the period until the BUYER provides the requested information/documents, and in the event that 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 they provided when registering on the website belonging to the SELLER is true to the facts, and that they will compensate all damages that the SELLER will suffer due to the inaccuracy of this information immediately, in cash and in a lump sum, upon the SELLER's first notification.

9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legal legislation and not to violate them while using the website belonging to the SELLER. Otherwise, all legal and criminal liabilities that arise will completely and exclusively bind the BUYER.

9.14. The BUYER may not use the website belonging to the SELLER in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an unlawful purpose, or in a manner that infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or hinder others from using the services.

9.15. Links may be provided through the website belonging to the SELLER to other websites and/or other content that are not under the SELLER's control and/or that are owned and/or operated by other third parties. These links are placed to provide the BUYER with ease of redirection, and they do not support any website or the person operating that site, nor do they constitute any guarantee regarding the information contained in the linked website.

9.16. A member who violates one or more of the items listed in this agreement is personally liable, both criminally and legally, due to this violation, and will hold the SELLER harmless from the legal and criminal consequences of these violations. In addition; due to this violation, in the event that the matter is brought into the legal arena, the SELLER's right to claim compensation against the member due to non-compliance with the membership agreement is reserved.

10. RIGHT OF WITHDRAWAL

10.1. In the event that the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the agreement by rejecting the goods within 14 (fourteen) days from the date of delivery to themselves or the person/organization at the address they indicated, provided that they notify the SELLER, without assuming any legal and criminal liability and without showing any reason. In distance contracts relating to the provision of services, this period begins from the date the agreement is signed. In service contracts in which the performance of the service has begun with the consent of the consumer before the expiry of the right of withdrawal period, the right of withdrawal cannot be exercised. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER accepts in advance that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax, or e-mail within the 14 (fourteen) day period, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions set out in this agreement. In the event that this right is exercised, 

a) The invoice of the product delivered to the third 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 corporation when returning. Order returns whose invoices are issued in the name of corporations cannot be completed unless a RETURN INVOICE is issued.)

b) The return form,

c) The products to be returned must be delivered complete and undamaged together with their box, packaging, and standard accessories, if any.

d) The SELLER is obliged to return the total amount and the documents that put the BUYER under obligation to the BUYER within a maximum period of 10 days from the receipt of the withdrawal notification, and to take back the goods within 20 days.

e) If there is a decrease in the value of the goods for a reason arising from the BUYER's fault, or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or product within the right of withdrawal period. 

f) In the event that the campaign limit amount determined by the SELLER is fallen below due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Goods prepared in line with the BUYER's request or clearly their personal needs and not suitable for return; underwear bottoms, swimsuit and bikini bottoms, cosmetics, single-use products, goods with a risk of rapid deterioration or that may exceed their expiry date; products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery to the BUYER; products that mix with other products after delivery and that cannot be separated by their nature; goods relating to periodicals such as newspapers and magazines, except for those provided under a subscription agreement; services performed instantly in electronic media or intangible goods delivered instantly to the consumer; and sound or image recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables — if their packaging has been opened by the BUYER, their return is not possible pursuant to the Regulation. In addition, the exercise of the right of withdrawal regarding services whose performance has begun with the consent of the consumer before the expiry of the right of withdrawal period is also not possible pursuant to the Regulation.

For cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returnable, their packaging must be unopened, untried, undamaged, and unused.

12. DEFAULT AND ITS LEGAL CONSEQUENCES

In the event that the BUYER defaults when they make payment transactions with a credit card, the BUYER accepts, declares, and undertakes that they will pay interest within the framework of the credit card agreement between them and the cardholder bank, and that they will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the costs and attorney's fees that arise from the BUYER, and in any case, in the event that the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes that they will pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this agreement, complaints and objections will be made to the consumer arbitration committee or the consumer court at the place where the consumer resides or where the consumer transaction was made, within the monetary limits specified in the law below. Information regarding the monetary limit is below: 

Effective as of 28/05/2014:

a) Pursuant to Article 68 of the Law No. 6502 on Consumer Protection, for disputes with a value below 2,000.00 (two thousand) TL, applications are made to the district consumer arbitration committees,

b) For disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,

c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to the provincial consumer arbitration committees.

This Agreement is made for commercial purposes.

14. ENTRY INTO FORCE

When the BUYER makes the payment for the order they placed through the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is realized.

SELLER: VİXİ ORGANİK KİMYASALLAR VE BİYOTEKNOLOJİ SANAYİ

TİCARET LİMİTED ŞİRKETİ

BUYER:

DATE: