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Distance Sales Contract

DISTANCE SALES CONTRACT

 

 1-PARTIES:

 1.1- Head Office Esenyalı Mah. Yanyol Cad. Varyap Plaza No:61 Interior Door:79 Pendik / ISTANBUL Daily Wellbeing Sağlık Turizm San. Educ. And Foreign Trade Limited Company (hereinafter referred to as "SELLER");

SELLER Telephone: (0216) 455 51 14

SELLER e-mail : support@dailywellbeing.shop  

SELLER Product Return address: Esenyalı Mah. Yanyol Cad. Varyap Plaza No:61 Interior Door:79 Pendik / ISTANBUL

Mersis No: 0267154144600001

1.2- Internet user shopping from the Web site serving at https://www.dailywellbeing.shop/ (hereinafter referred to as "BUYER").

BUYER Name/Surname/Title:

BUYER Address:

BUYER Telephone:

BUYER E-mail:

 

2- SUBJECT:

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers, the Regulation on the Principles and Procedures of the Application of Distance Contracts and the relevant legislation regarding the sale and delivery of the product / products detailed below ordered through the Website at https://www.dailywellbeing.shop/ owned by the SELLER.

 

3- PRODUCT:

Type and Type, Quantity, Brand / Model, Color and Sales Price and Delivery Information of the Products are as follows.

Product:

Quantity:

Sales Price:

Shipping Fee:

Invoice Address:

 

4- DELIVERY:

4.1- The product will be delivered to the BUYER's address with the cargo contracted by the SELLER. The estimated delivery time will be notified by the SELLER after the order is received. The delivery time is a maximum of thirty (30) days from the sending of the Order confirmation mail and the establishment of the Contract.

4.2- Cargo and Custom Fee shall be paid by the BUYER unless otherwise undertaken by the SELLER during the order.

4.3- In the regions where the cargo company delivers one day a week, in cases where there are inaccuracies and deficiencies in the dispatch information, there may be a delay in the specified delivery time in cases that the SELLER cannot prevent due to reasons beyond its control, such as some social events and natural disasters. The SELLER cannot be held responsible for these delays. If the product is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible for the refusal of the person/organization to be delivered, the inaccuracy of the shipment information and / or the situations that may arise from the absence of the BUYER and the extra shipping costs. If the Product / products have not reached the BUYER within the specified days, delivery problems should be reported immediately by contacting customer service at via Whatsup or telephon +90 534 711 90 83 or  support@dailywellbeing.shop  e-mail address.

 

4.4- The BUYER is obliged to check that the product ordered at the time of delivery is delivered in accordance with the invoice / delivery receipt and to sign the delivery receipt that he / she has received the products and to deliver them to the cargo company officer. Damaged packages should not be received and a report should be made to the Cargo Company official. If the cargo company official is of the opinion that the package is not damaged, it is the BUYER'S obligation to have the package opened there to check that the products are delivered undamaged and to request that the situation be determined by a report.  After the package is received by the BUYER, it is accepted that the cargo company has fully fulfilled its duty. If the damaged package is not accepted and a report is made, the situation must be notified to the SELLER in writing as soon as possible with the copy of the report remaining at the BUYER.

 

5- RIGHT OF WITHDRAWAL:

 5.1- The BUYER has the right of withdrawal within 14 (Fourteen) days from the delivery of the product subject to the contract to him or the person / organization at the address indicated. In order to exercise the right of withdrawal, the BUYER must notify the SELLER by e-mail, telephone or fax within this period and the product must be suitable for return within the framework of the provisions of this article. In case this right is exercised, it is obligatory to return the original copies of all invoices with a copy of the cargo delivery report that the product delivered to the 3rd person or the BUYER was sent to the SELLER. The product price is returned to the BUYER within 7 days following the receipt of these documents. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER. Otherwise, the right of withdrawal request will be deemed invalid.  The BUYER may also exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods.

 5.2- The following periods are taken as basis in determining the right of withdrawal;

- For goods that are the subject of a single order and delivered separately, the day the consumer or the third person designated by the consumer receives the last goods,

- For goods consisting of more than one part, the day on which the consumer or the third party designated by the consumer receives the last part,

- The day on which the consumer or a third party designated by the consumer takes delivery of the first good in contracts where regular delivery of the good is made over a specified period of time,

5.3- Although the BUYER's return request is met positively, the return of used, unpackaged or spoiled products that are not suitable for health and hygiene cannot be returned. In this context, tea, spice mix, all oil group products, all personal hygiene products such as candles, neti pots and tongue cleaning apparatus, shampoo, shower gel, skin and hair care products (not limited to those listed) cannot be returned for products that are not suitable for health and hygiene. All personal hygiene products such as tea, spices, all oil group products, candles, neti pots and tongue cleaning apparatus, make-up, skin care products with protective packaging cannot be returned if the protection tape is opened. If the products to be returned do not meet these conditions, the return approval is canceled and the products are sent back to the BUYER with the contracted cargo company.

5.4- In cases where the BUYER receives products different from the order or the photograph or description on the website, the use of the right of withdrawal depends on the condition that the security label of the product has not been opened.

5.5- The return product that reaches the SELLER is accepted as a return if it meets the conditions specified in this contract, and the refund is made to the BUYER credit card / account. No refund is made without returning the product. The period of reflection of the refunds made to the Credit Card to the credit card accounts is at the disposal of the relevant bank.

5.6- In accordance with Article 15 of the Distance Contracts Regulation, "Exceptions to the Right of Withdrawal", the Buyer cannot use the right of withdrawal in the following cases.

- In goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider,

- Goods prepared in accordance with the consumer's wishes or personal needs,

- Delivery of perishable or expired goods,

- Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; tea, spices, all oil group products, candles, all personal hygiene products such as neti pot and tongue cleaning apparatus, shampoo, shower gel, make-up, skin and hair care products such as products that are not suitable for health and hygiene,

- Goods that are mixed with other products after delivery and cannot be separated due to their nature,

- Books, digital content and computer consumables presented in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods,

- Delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement,

- In cases of accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for the purpose of entertainment or recreation, which must be carried out on a specific date or period,

- In the case of services performed instantly in electronic media or intangible goods delivered instantly to the consumer,

- For services started to be performed with the consent of the consumer before the expiration of the right of withdrawal period.

 

6- RIGHTS AND OBLIGATIONS OF THE PARTIES:

 6.1- BUYER, the basic qualities of the Product subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the product and the use of the right of withdrawal and how to use this right, return conditions, official authorities to which they can send their complaints and objections, etc. It accepts and declares that it has clear, understandable and appropriate information in accordance with the internet environment and that it confirms this preliminary information electronically. The BUYER is deemed to have accepted the provisions of this Agreement at the time of placing the order. 

6.2- If the SELLER cannot fulfill its obligations under the Contract in case it becomes impossible to fulfill the Product, it notifies the BUYER of this situation before the expiration of the performance obligation arising from the Contract and may supply the BUYER with a different product of equal quality and price if it is available in its stocks. The SELLER has the right to refuse the order without stating any reason. If the SELLER cannot process the order for any reason (for example, problems in payment systems), the SELLER may inform the BUYER by phone or e-mail.

6.3- The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the Product, and if for any reason the Product price is not paid and / or canceled in the bank records, the SELLER's obligation to deliver the product subject to the Contract will cease.

6.4- The BUYER accepts, declares and undertakes that if the Product price is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the Product to the person and / or organization at the address indicated by the BUYER, the BUYER agrees, declares and undertakes that the product subject to the Contract will be returned to the SELLER within 3 days at the SELLER's expense.

6.5- The BUYER undertakes that the information and content (name, surname, telephone number, e-mail, etc.) provided by the BUYER is accurate, complete and lawful, does not / will not cause technical and physical damage to the SELLER's Web site, does not violate and violate any laws, regulations and other legislation, does not and will not violate third party rights. It accepts, declares and undertakes that it will make the necessary updates in case of changes in its personal data, otherwise the SELLER will not be responsible. The SELLER is not obliged and responsible for investigating the accuracy of the information and content transmitted, uploaded, modified or provided by the BUYER, and to undertake and guarantee that this information and content is safe, accurate and lawful. The BUYER is responsible for all damages that may arise due to the incorrect or incorrect information and content provided by the BUYER, and the BUYER accepts, declares and undertakes that the SELLER will fully and immediately indemnify all damages that the SELLER will incur due to the untruthfulness of this information.

6.6- The BUYER shall have the right to collect, record, organize, categorize, classify, store, update, correct, use, analyze, analyze, modify, rearrange and transfer the personal data to third parties in Turkey and/or abroad, all of which are listed in the Disclosure Text, as detailed in the Disclosure Text available at https://www.dailywellbeing.shop/, and to process them in order to achieve the same purposes and to maintain these purposes.

6.7- The BUYER accepts, declares and undertakes that he/she is fully responsible for the security, storage, keeping away from the knowledge of third parties and use of the user name and password used to log in to the Website. The SELLER does not have any direct or indirect responsibility for any damages suffered or may be suffered by him and / or third parties due to all negligence and defects of the BUYER in matters such as user name and password security, storage, keeping away from the knowledge of third parties and use.

6.8- The BUYER agrees to be accessed via internet, telephone, SMS, letter, e-mail, fax, etc. channels for the purpose of informing him about the order.

6.9- The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations that may arise shall be fully and exclusively binding on the BUYER.

6.10- The BUYER accepts, declares and undertakes that all legal and criminal liability arising from the transactions he / she performs during the use of the Website, the words, expressions and contents he / she uses personally belongs to him / her, that he / she will be directly and / or indirectly personally responsible for the damages suffered or incurred by third parties due to the provisions of this Distance Sales Contract and / or the activities they carry out on the Website in violation of the law, and that the SELLER cannot be held responsible in any way. In addition, in such cases, the SELLER reserves the right to stop the BUYER's use of the website and to initiate legal proceedings.

 

7- INTELLECTUAL PROPERTY RIGHTS:

 The BUYER accepts that all elements of the Website, including but not limited to the design of the SELLER's Website, text, image, html code and other codes, belong to the SELLER and / or are used by the SELLER under the license right obtained from a third party and under no circumstances and under no circumstances may the BUYER use the SELLER's trademark, logo, trade name information even for reference and promotional activities without the written approval of the SELLER. The BUYER may not engage in attitudes and behaviors that may constitute infringement of the copyright, trademark or other rights of the SELLER or that may constitute unfair competition or may not engage in advertising activities in violation of the said legislation. Otherwise, the BUYER shall be liable for all other damages, including but not limited to compensation, court costs and attorney's fees, including but not limited to, compensation, court costs and attorney's fees incurred by the SELLER due to damages incurred by third parties, including but not limited to licensors.

 8-PROHIBITION OF TRANSFER:

The BUYER may not transfer and assign its obligations, rights and receivables under this Agreement to third parties in whole or in part without the prior written consent of the SELLER. Such transfers and assignments shall not be effective against the SELLER. The SELLER has the right to transfer this Agreement and its rights and obligations arising from the Agreement, in whole or in part, together with all its laws and obligations, to its own capital subsidiary organizations, companies and companies and third parties.

9- CONFIDENTIALITY:

The BUYER shall keep confidential all information it has obtained in any way regarding the activities of the SELLER, the provisions of this Agreement and shall not disclose or use such information without the prior written consent of the SELLER, except as required by the mandatory provisions of Turkish law. This confidentiality obligation shall continue to apply in the event of termination or expiration of this Agreement for any reason. If the BUYER fails to comply with this confidentiality obligation, the BUYER shall indemnify the damages incurred by the SELLER.

10- FORCE MAJEURE:

The SELLER is not liable for late or incomplete performance or non-performance of any of its obligations specified in this Distance Sales Contract due to the occurrence of fire, flood, earthquake, landslide, epidemic disease, war, widespread acts of violence (including but not limited to) in accordance with laws, regulations, directives and decisions taken by the competent authorities and beyond the control of the parties. In this case, the BUYER cannot make any request from the SELLER.

11- VIOLATION:

In the event that the BUYER violates the provisions of this Agreement, the SELLER may terminate the Agreement on its own initiative and without prior notice, and may prevent the BUYER from accessing the Website. In this case, the BUYER shall be personally liable criminally and legally. The BUYER also agrees to indemnify and hold harmless the SELLER and its subsidiaries and affiliates from and against any and all claims, damages, liabilities, liabilities, claims or expenses (including attorneys' fees) that may be asserted by any third party against the SELLER in connection with the unlawful use of the Website.

12- MODIFICATION:

All changes to be made pursuant to this Agreement shall be made at the discretion of the SELLER and unilaterally announced on the SELLER'S Website.

13- SEVERABILITY:

If any provision of this Agreement is invalid, illegal or unenforceable under the laws of any jurisdiction, the remaining provisions shall continue to be valid, lawful and enforceable in such jurisdiction and shall not be affected by such provision.  

14-NON-INTERPRETATION OF HEADINGS:

The headings in this Agreement are inserted for ease of reference and shall not affect the interpretation of this Agreement.

 15- AUTHORITY:

In the implementation of this Agreement, Consumer Problems Arbitration Committees up to the value announced by the Ministry of Customs and Trade and Consumer Courts in the settlement of the BUYER or SELLER are authorized. The parties may make their applications for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the consumer purchases the goods or services or where the consumer resides within the monetary limits determined by the Ministry of Customs and Trade in December each year.