DISTANCE SALES CONTRACT
1. PARTIES
This Agreement has been signed between the following parties
under the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as “BUYER” in the
agreement)
B.’ LIFE AXIS HEALTH AND MEDICAL PRODUCTS MARKETING INDUSTRY
AND TRADE LIMITED COMPANY’, a contracted consultant in Turkey on behalf of PT
BIWOI GLOBAL INDONESIA; (hereinafter referred to as “SELLER” in the agreement)’;
(hereinafter referred to as “SELLER” in the agreement)
By accepting this agreement, the BUYER accepts in advance
that if the order subject to the agreement is approved, it will be obliged to
pay the order price and additional fees specified, such as shipping fee, tax,
if any, and that it has been informed in this regard.
2. DEFINITIONS
In the implementation and interpretation of this agreement,
the terms written below shall refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official
Gazette: 27.11.2014/29188)
SERVICE: 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 the one offering goods,
BUYER: A natural or legal person who acquires, uses or
benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERER: A natural or legal person who requests a good or
service through the website of the SELLER,
PARTIES: SELLER and Buyer,
CONTRACT: This contract concluded between the SELLER and
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.
3. SUBJECT
This Agreement regulates 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 Distance Contracts regarding the sale and
delivery of the product with the characteristics and sales price 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 they are updated and
changed. The prices announced periodically are valid until the end of the
specified period.
4. SELLER INFORMATION
LIFE AXIS HEALTH AND MEDICAL PRODUCTS MARKETING INDUSTRY
TRADE LIMITED COMPANY
GÜZELOBA MAH. RAUF DENKTAŞ CAD. NO: 56 INSIDE DOOR NO: 102
MURATPAŞA/ ANTALYA
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO CONTRACT
1. Basic features (type, quantity, brand/model, color,
number) of the Goods/Products/Service 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.
7.2. The prices listed and announced on the site are the
sales price. The announced prices and promises are valid until they are updated
and changed. Prices announced for a limited period are valid until the end of
the specified period.
7.3. The sales price of the goods or services subject to the
contract, including all taxes, is shown below.
Product Description
Quantity:
Unit Price:
Subtotal (VAT included):
Shipping Amount:
Total:
Payment Method and Plan
Delivery Address
Delivery Person
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the product shipping cost,
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
invoice address together with the order during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he/she
has read the basic characteristics, sales price and payment method of the
contractual product and preliminary information regarding delivery on the
SELLER's website, that he/she is informed and that he/she has made the
necessary confirmation electronically. The Buyer accepts, declares and
undertakes that he/she has obtained the address that should be given to the
BUYER by the SELLER before the establishment of the distance sales contract,
the basic characteristics of the ordered products, the price of the products
including taxes, payment and delivery information correctly and completely by
confirming the Preliminary Information electronically.
9.2. Each product subject to the contract will 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 of 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. The SELLER shall deliver the product subject to the
contract completely, in accordance with the characteristics specified in the
order and, if any, warranty documents, user manuals and other information and
documents required by the job.
SELLER accepts, declares and undertakes to deliver the
product, to perform the work in accordance with the legal legislation
requirements, in a sound and standard manner, free from all defects, in
accordance with the principles of honesty and integrity, to maintain and
increase the service quality, to show the necessary care and attention during
the performance of the work, to act with caution and foresight.
9.4. 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.
SELLER accepts, declares and undertakes that if it cannot fulfill its
obligations subject to the contract in case the fulfillment of the product or
service subject to the order 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 and/or is
canceled in bank records for any reason, the SELLER's obligation to deliver the
contractual product will end.
9.7. The BUYER accepts, declares and undertakes that if the
contractual product price is not paid to the SELLER by the relevant bank or
financial institution due to 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 will return the contractual product to the SELLER within 3 days, with the
shipping costs to be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes that it
will notify the Buyer of the situation if it cannot deliver the contractual
product within the specified period due to force majeure events such as
situations that develop beyond the will of the parties, are unforeseen and
prevent and/or delay the fulfillment of the parties' debts. The BUYER also has
the right to request the Seller to cancel the order, replace the contractual
product with a similar one, if any, and/or postpone the delivery period until
the impeding situation is eliminated. In the event that the order is canceled
by the BUYER, the product amount will be paid to the Buyer in cash and in a
lump sum within 14 days for payments made by the Buyer in cash. In the case of
payments made by the Buyer with a credit card, the product amount will be
returned to the relevant bank within 14 days after the order is cancelled by
the BUYER. The BUYER accepts, declares and undertakes that the average process
for the amount returned to the credit card by the SELLER to be reflected in the
BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of
this amount in the Buyer's accounts after it is returned to the bank is
entirely related to the bank transaction process, the BUYER cannot hold the
SELLER responsible for possible delays. 9.9. SELLER has the right to reach
BUYER for communication, marketing, notification and other purposes via letter,
e-mail, SMS, phone call and other means through the address, e-mail address,
fixed and mobile phone 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 communication activities specified
above.
9.10. BUYER will inspect the goods/services subject to the
contract before receiving them; will not receive damaged and defective
goods/services such as crushed, broken, torn packaging etc. from the cargo
company. The goods/services received will 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 should
not be used. The invoice should 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 provide 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 by the BUYER while becoming a member of the
SELLER's website is true and that the SELLER will compensate all damages that
the SELLER 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
will be completely and exclusively binding on the BUYER.
9.14. BUYER may not 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 in a way that violates the material and
moral rights of others. In addition, members may not engage in activities that
prevent or hinder others from using 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 SELLER and/or owned and/or operated
by other third parties through the SELLER's website. These links are provided
for the purpose of facilitating navigation for 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.
9.16. The member who violates one or more of the articles
listed in this contract shall be personally and legally liable for this
violation and shall hold the SELLER harmless from the legal and penal
consequences of these violations. In addition; if 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 to withdraw 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
indicated, provided that he/she notifies the SELLER, without assuming any legal
or penal liability and without giving any reason. In distance contracts related
to the provision of services, this period begins from the date the contract is
signed. The right of withdrawal cannot be exercised in service contracts where
the performance of the service is started with the approval of the consumer
before the end 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 notification is given to the SELLER by registered mail,
fax or e-mail within 14 (fourteen) days 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 exercise
of 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 when
returning it. 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 their 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 and to take back
the goods within 20 days.
e) If the value of the goods decreases due to a reason
arising from the BUYER's fault 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 proper use of the goods or product during the period of right
of withdrawal.
f) If the campaign limit amount set by the SELLER falls
below due to the use of the right of withdrawal, the discount amount used
within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE
USED
Underwear, swimsuits and bikini bottoms, make-up materials,
disposable products, goods that are prepared at the request of the BUYER or
clearly in line with their personal needs and are not suitable for return,
products that are in danger of rapid deterioration or whose expiration date is
likely to pass, products that are not suitable for return in terms of health
and hygiene if the packaging is opened by the BUYER after being delivered to
the BUYER, products that are mixed with other products after being delivered
and cannot be separated by their nature, goods related to periodical
publications such as newspapers and magazines, other than those provided within
the scope of the subscription agreement, services performed instantly in
electronic environment or intangible goods delivered to the consumer instantly,
and audio or video recordings, books, digital content, software programs, data
recording and data storage devices, computer consumables, cannot be returned if
the packaging is opened by the BUYER, as required by the Regulation. In
addition, it is not possible to use the right of withdrawal regarding services
that were started to be performed with the approval of the consumer before the
expiration of the right of withdrawal period, as required by the Regulation.
Cosmetics and personal care products, underwear, swimsuits, bikinis, books,
copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery
consumables (toner, cartridges, ribbons, etc.)
In order to be returned, the packages must be unopened,
untested, undamaged and unused.
12. DEFAULT STATUS AND LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that if he/she
defaults while making payment transactions with a 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 damages and losses incurred by the SELLER due to the delayed
performance of the debt.
13. AUTHORIZED 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 below.
Information regarding the monetary limit is as follows:
As of 28/05/2014:
a) In accordance with Article 68 of the Law No. 6502 on
Consumer Protection, applications are made to district consumer arbitration
committees for disputes with a value below 2,000.00 (two thousand) TL,
b) In cases with a value below 3,000.00 (three thousand) TL,
applications are made to provincial consumer arbitration committees,
c) In provinces with metropolitan status, applications are
made to provincial consumer arbitration committees for disputes with a value
between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
BUYER is deemed to have accepted all the terms of this
Agreement when he/she makes the payment for the order he/she placed on the
Site. SELLER is obliged to make the necessary software arrangements to receive
confirmation that this contract has been read and accepted by the BUYER on the
site before the order is placed.
SELLER:
BUYER:
DATE: