Distance Sales Agreement
1. PARTIES
This Distance Sales Agreement ("Agreement"); on one side, the center is Ulus Mahallesi Yelken Sk. No: 7/2 Beşiktaş/Istanbul, was established electronically between Smarana Danışmanlık Hizmetleri ve Ticaret Limited Şirketi (“Seller”) and the Buyer (“Buyer”), whose information is specified in the Article, within the framework of the terms and conditions set forth below.
2. DEFINITIONS
In the application and interpretation of this Agreement, the terms written below have their meanings.
Buyer: A natural or legal person who acquires, uses or benefits from a good for commercial or non-professional purposes,
Website:Seller https://www.smaranahealing.com/The website named ,
Law: Law No. 6502 on the Protection of Consumers, announced in the Official Gazette No. 28835, dated 28 November 2013,
Seller: Smarana Consulting Services and Trade Limited Company
Contract: This Contract concluded between the Seller and the Buyer,
Product(s): The product or products chosen by the Buyer to purchase through the Website
Regulation: The Regulation on Distance Contracts announced in the Official Gazette dated 27 November 2014 and numbered 29188.
In this Agreement, the Buyer and the Seller shall be referred to individually as the "Party" and jointly as the "Parties".
3. INFORMATION ABOUT THE PARTIES
SELLER INFORMATION
Title:Smarana Consulting Services and Trade Limited Company
Address: Ulus Mahallesi Yelken Sk. No: 7/2 Beşiktaş/Istanbul
Mersis:0772132546700001
Phone: 0530 671 03 11
Email:smarana@smaranahealing.com
4. SUBJECT
The subject of this Agreement; It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law and the Regulation regarding the sale and delivery of the Product, whose qualities and sales price are specified below, and which the Buyer has placed an order electronically through the Website.
5. CONTRACTUAL PRODUCT INFORMATION
5.1. The basic features of the Products (type, type, quantity, brand/model, color and quantity) are available on the Website.
5.2. The prices listed and announced on the Website are the selling price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
5.3. The contractual product type, type, quantity, brand/model, color, delivery information and sales price including all taxes are shown in the table below.
5.4. The price of the Product on the Website includes the shipping fee and all other taxes, duties and charges.
6. GENERAL PROVISIONS
6.1. The Buyer accepts, declares and undertakes that he has read the preliminary information on the basic characteristics of the Product subject to the Contract, the sales price including all taxes, payment method and delivery, and has the correct and complete information and gives the necessary confirmation in electronic environment. Buyer; By confirming the Preliminary Information electronically, the address and similar communication information to be given by the Seller to the Buyer before the conclusion of the Contract and the obligation to pay, the basic features of the ordered Products, the price of the Products including taxes, the payment obligation. and delivery information, the Seller's resolution methods regarding the complaints and the terms, duration and procedure of the right of withdrawal, the situations in which the right of withdrawal cannot be exercised, and the carrier's information for the return in a clear, accurate and complete manner. In addition, the Buyer confirms that he understands and accepts and undertakes that he will cover additional costs due to transportation, delivery and similar reasons.
6.2. Each Product subject to the contract shall be delivered to the Buyer or the third person and/or organization at the address declared by the Buyer on the Website, within the period specified on the Website, depending on the distance of the Buyer's residence, provided that it does not exceed the legal period of 30 days. If the Seller fails to fulfill its obligations within this period, the Buyer may terminate the Agreement. In the event that the cargo company does not have a branch at the location of the Buyer, the Buyer must receive the Product from another branch of the cargo company that is reported by the Seller. The delivery date of the Products specified as “estimated delivery date” on the website is specified as an estimate and this expression does not include any commitment. These Products will be delivered to the Buyer within 30 days at the latest as specified in the legislation.
6.3. All responsibility belongs to the Seller until the product is delivered to the Buyer or the third party to be determined by the Buyer. The product will be delivered by hand and against signature. In case the Products are not found at the Buyer's address at the time of delivery, the Seller shall be deemed to have fulfilled its obligation fully and completely. In the event that there is no one to take delivery at the address, it will be the Buyer's responsibility to follow up the shipment of the Product by contacting the cargo company. The Seller cannot be held responsible for the damages and expenses arising from the Buyer's or the third party's delay in receiving the Product, not being at its address or not accepting the delivery. In these cases, any damages arising from the late receipt of the Product by the Buyer and the expenses incurred due to the fact that the Product has been waiting in the cargo company and/or the cargo has been returned to the Seller shall also be borne by the Buyer. In the event that the Buyer requests the product to be sent by another carrier from the courier company to be determined by the Seller, no problems that may arise from the delivery of the Product to the relevant carrier (including the failure to deliver the ordered Product to the Buyer), loss or damage. The seller cannot be held responsible.
6.4. The Seller undertakes to deliver the Product subject to the Contract, free of all defects, intact, complete, in accordance with the qualifications specified in the order and with warranty documents, user manuals and other information and documents required by the job, to perform the job within the principles of accuracy and honesty, to perform the job. It accepts, declares and undertakes to show the necessary attention and care, to act with prudence and foresight.
6.5. In the event that it is understood that the Product subject to the Contract cannot be supplied for a justified reason other than extraordinary circumstances, the Seller may supply a different product of equal quality and price, by informing the Buyer and by obtaining his express approval, before the expiry of the performance obligation arising from the Contract, and fulfill the contractual commitment in this way. deemed to have been brought. In cases where the Buyer does not approve, the provisions regarding the cancellation of the order are applied.
6.6. For the delivery of the product subject to the contract, the price must be paid with the payment method preferred by the Buyer. If the price of the Product is not fully paid to the Seller before delivery in advance sales, the Seller may unilaterally cancel the Contract and not deliver the Product. The Buyer shall confirm this Agreement electronically for the delivery of the Product subject to the Contract, and that the Seller's obligation to deliver the Product subject to the Contract shall cease if, for any reason, the price of the Product subject to the Contract is not paid and/or is canceled in the records of the bank, financial institution. accepts and declares. The Buyer accepts, declares and undertakes that the Seller has no responsibility for the payments made by the bank and/or financial institution to the Seller, for which the failed code is sent by the bank and/or financial institution for any reason.
6.7. If the buyer and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the Buyer, the Seller shall submit the identity and contact information of the credit card holder to the previous month. may request from the Buyer to present the statement of the credit card belonging to him or the bank of the cardholder. The order will be frozen until the Buyer provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 (twenty-four) hours, the Seller has the right to cancel the order.
6.8. As a result of the unfair or unlawful use of the Buyer's credit card, which is not due to the Buyer's fault, after the delivery of the Product subject to the Contract to the Buyer or the third person and/or institution at the address indicated by the Buyer, as a result of the unfair or unlawful use of the Contracted Product price to the relevant bank or financial institution. In case of non-payment by the Seller to the Seller, the Buyer accepts, declares and undertakes to return the Product subject to the Contract to the Seller within 3 (three) days at the Seller's expense.
6.9. The Seller does not sell the Product subject to the Contract due to force majeure events that develop beyond the will of the Parties, unforeseen and prevent and / or delay the fulfillment of the Parties' debts, or extraordinary circumstances such as weather conditions that prevent transportation, epidemics, and interruption of transportation. If it is not able to deliver it within the period, it accepts, declares and undertakes that it will notify the Buyer before the expiry of the performance obligation arising from the Contract. In this case, the Buyer has the right to demand from the Seller the cancellation of the order and/or the delay of the delivery period until the obstacle is removed.
6.10. The Buyer shall inspect the Contracted Product before receiving it, and if it is dented, broken and the packaging is torn, etc. will not take delivery of the damaged and defective product from the cargo company and will make a report to the cargo company official. The product is received shall be deemed to be undamaged and intact. It is the Buyer's responsibility to carefully protect the Product after delivery. If the right of withdrawal is to be used, the Product should not be used.
6.11. The Buyer declares and undertakes that the personal and other information provided while filling out the information required for the order on the Website is true, and that the Seller will immediately indemnify all losses incurred due to the untruthfulness of this information, in cash and in full, upon the Seller's first notification. .
6.12. The Buyer agrees and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the website of the Seller. Otherwise, all legal and penal liabilities that may arise will bind the Buyer completely and exclusively.
6.13. The Buyer may not use the Website in a way that disrupts public order, violates public morals, disturbs and harass others, for any illegal purpose or infringes on the material and moral rights of others. In addition, the Buyer may not engage in activities (spam, virus, etc.) that prevent or make it difficult for others to use the services.
6.14. Links to other websites and/or other content that are not under the Seller's control and/or owned and/or operated by other third parties may be provided on the Website. These links are provided for the purpose of providing ease of orientation to the Buyer and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
6.15. The Buyer, who violates one or more of the articles listed in this Agreement, is personally liable for this violation criminally and legally and will keep the Seller free from the legal and penal consequences of these violations. In addition, the Seller reserves the right to claim compensation against the Buyer for non-compliance with the Agreement, in the event that the incident is referred to legal means due to this violation.
7. RULES ON PROTECTION OF PERSONAL DATA AND INTELLECTUAL AND INDUSTRIAL RIGHTS
7.1. Necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken in the Seller's own system infrastructure, within the scope of today's technical possibilities according to the information and the nature of the transaction. However, since the said information is entered from the devices belonging to the Buyer, it is the Buyer's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, in order to be protected by the Buyer and not be accessed by unrelated persons.
7.2. Regarding all kinds of information and content of the Website and their arrangement, revision and partial/full use; All intellectual and industrial rights and property rights (excluding those belonging to other third parties according to the Seller's agreement) belong to Smarana Danışmanlık Hizmetleri ve Ticaret Limited Şirketi.
7.3. Other sites accessed from the Website apply their own privacy and security policies and terms of use. The Seller is not responsible for any conflicts that may arise and their negative consequences.
8. RIGHT OF WITHDRAWAL
8.1. Buyer; In the Contracts for the sale of the Product, he may exercise his right to withdraw from the Contract by giving a notice of rejection of the Product without giving any reason, within 14 (fourteen) days from the date of delivery of the Product to himself or the third party or organization at the address indicated. In order for this right to be exercised, the protective elements such as packaging, tape, seal, package must be unopened, intact and untested and must be available for resale by the Seller. The Buyer may also exercise his right of withdrawal within the period from the conclusion of the Contract until the delivery of the Product. All expenses, including the shipping cost, arising from the use of the right of withdrawal belong to the Seller.
8.2. In order to exercise the right of withdrawal, within 14 (fourteen) days, by filling out the withdrawal form regulated in the Regulation or by making a clear declaration of withdrawal, by sending a written notification to the smarana@smaranahealing.com e-mail address or to the above-mentioned address of the Seller, within the framework of the provisions of this Agreement and Pursuant to the information that is an integral part of this Agreement, the packaging and content of the Product must not be damaged and must be resold by the Seller.
8.3. Within 10 (ten) days from the declaration of withdrawal, the Buyer must deliver the Product to the courier company specified by the Seller to the Buyer. If the Buyer does not return the product to the Seller within this period, the right of withdrawal will be deemed invalid. The Seller, without being obliged, may give the Buyer the right to choose the courier company to which he wishes to send the Product through the options provided by the Seller.
8.4. In order to use the right of withdrawal, the product must not have been used within the framework of the "Products for which the Right of Withdrawal cannot be exercised" in the Preliminary Information Form. If this right is exercised;
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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, together with the return invoice issued by the institution when returning it) together with the Product or at the latest 5 (five) days after the product is sent. should be sent to the Seller within the next day. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued. On the invoice to be returned with the product, the phrase "return invoice" will be written and signed by the Buyer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the Buyer.
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b) Return form / Cargo delivery report
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c) The box, packaging and, if any, other attachments of the Products to be returned
must be delivered complete and undamaged. If the Buyer does not return the Product to the Seller within this period, the withdrawal request will be deemed invalid.
8.5. The Seller is obliged to return all the collected payments to the Buyer, including the product price and, if any, delivery costs, within 14 days at the latest from the receipt of the withdrawal notice.
8.6. In case the right of withdrawal is exercised, the Product will be returned to the Seller via Yurtiçi Kargo.
8.7. If there is a decrease in the value of the Product due to the Buyer's defect or if the return becomes impossible, the Buyer is obliged to compensate the Seller's losses at the rate of the Buyer's defect.
9. RETURN PROCEDURE
In the event that the Buyer exercises his right of withdrawal, the Product subject to the order cannot be supplied for various reasons, the decision of the arbitral tribunal is taken and the Buyer is decided to refund the price and the sale is cancelled, the refund procedure to be applied is as follows:
After the order is canceled by the Buyer, the product amount is returned to the relevant bank within 14 days from the moment the notification of the cancellation is received by the Seller. After this amount is returned to the bank, the reflection on the Buyer's accounts is entirely related to the bank transaction process, and it is not possible for the Seller to intervene in any way regarding this issue. The Seller cannot pay the Buyer in cash as per the contract he has made with the bank.
10. RESOLUTION OF DISPUTES
10.1. The Buyer may make complaints and requests to the Seller's contact addresses specified in Article 3 of this Agreement. Complaint applications submitted to the Seller will be immediately recorded, evaluated and resolved by the Seller, and the Buyer will be returned as soon as possible. The Seller's responsibility for the Product is limited to the regulations in the Law and Regulation.
10.2. In the settlement of any dispute regarding the implementation, interpretation or performance of this Agreement, the Consumer Arbitration Committees at the Buyer's place of residence or the Seller's registered office, up to the value announced by the Ministry of Commerce, or the Buyer's responsibility for transactions above the said value. Consumer Courts and Enforcement Offices in the settlement or the registered office of the Seller are authorized.
11. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The buyer accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank. In this case, the relevant bank may take legal action, claim the expenses and attorney's fees from the Buyer, and in any case, the Buyer accepts, declares and undertakes that he will pay the damage and loss suffered by the Seller due to the delayed performance of the debt, in case the Buyer defaults due to its debt. .
12. EVIDENCE AGREEMENT
Seller records (including records in magnetic media such as computer, sound recordings) constitute conclusive evidence in the settlement of any dispute that may arise from the implementation, interpretation or performance of this Agreement.