Distance Selling Agreement
Distance Sales Agreement
This Distant Sales Agreement ("Agreement") is hereby entered into between Hacımimi Mah. Lülecihendek Cad. Dibek Sk. No:3 Kat:3 Beyoğlu - ISTANBUL ("Seller") and the user ("Buyer") who purchases the products on the website by logging into the website on the other side.
Seller and Buyer may be referred to separately as "Party" and together as "Parties" under the Agreement.
1. Seller
Title : |
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CAN ÜSTÜNBAŞ |
Address |
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Hacımimi Mah. Lülecihendek Cad. Dibek Sk. No:3 Kat:3 Beyoğlu - ISTANBUL TURKEY |
Web Site |
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Telephone Number |
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2. Product Information
Type, quantity, brand/model/color, sales price and delivery information are as follows:
Product Information |
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............. |
Quantity |
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............. |
Price Incl. VAT |
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............. |
"product name" |
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............. |
Subtotal |
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............. |
Shipping Cost |
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............. |
Payment Method |
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............. |
Delay Interest |
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............. |
0 Month |
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............. |
Total (Including VAT) |
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............. |
Shipping Address |
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............. |
Buyer |
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............. |
Buyer Secondary |
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............. |
Buyer Invoices Information |
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............. |
3. Subject
www.theheartdoctrine.com , which the Buyer electronically ordered from the internet store of the Seller at www.theheartdoctrine.com.
4. General Conditions
4.1 The Buyer declares that they have read and are informed about the basic specifications, sales price, validity period of prices, payment method, and preliminary information regarding delivery of the product subject to the Agreement, which is offered for sale on the website www.theheartdoctrine.com , as specified on the website www.theheartdoctrine.com , and provided the necessary confirmation electronically, stating that they have no objections thereto. Seller reserves the right to change prices at its discretion.
4.2. In addition, The Buyer acknowledges and confirms that, by accepting this Agreement on the website, they have been informed by reviewing and examining all general and specific explanations on the relevant pages/sections of the website before placing the order or assuming payment obligations:
4.2.1 The title and contact information and current introductory information of Seller,
4.2.2 Fit-for-purpose tools and methods regarding the stages of the sales process during the purchase of the Product(s) from the website and the correction of incorrectly entered information,
4.2.3 The rules of confidentiality, data use, processing and electronic communication to the Buyer applicable to the Buyer information applied by the Seller and the permissions given by the Buyer to the Seller in these matters, the legal rights of the Buyer, the rights of the Seller and the procedures for the use of the rights of the parties,
4.2.4Shipping restrictions stipulated by the Seller for the Products,
4.2.5The payment methods and means accepted by the Seller for the Product(s) subject to the Contract and the basic features-qualities of the Products, the total price including taxes (the total price to be paid by the Buyer to the Seller, including the related costs),
4.2.6Procedures for the delivery of the Products to the Buyer and information on transportation, delivery and shipping costs,
4.2.7 Other payment, collection and delivery information regarding the Products and information regarding the performance of the Agreement, the commitments and responsibilities of the parties in these matters,
4.2.8 Products and other goods and services for which the Buyer does not have the right of withdrawal,
4.2.9. In cases where the Buyer has the right of withdrawal, the conditions, duration and procedure for exercising this right and that the Buyer will lose the right of withdrawal if the right is not exercised in due time,
4.2.10 The manner in which the Products may be returned to the Seller in cases where the right of withdrawal exists and all relevant financial considerations (including return routes, costs and refund of the Product price),
4.2.11 If The Buyer is a legal person, he/she cannot exercise his/her "consumer rights", in particular the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are deemed to be of this nature in any case),
4.2.12 Other terms and conditions related to the nature of the Agreement as included in the Agreement, and since this Agreement is established and confirmed by the Buyer on the website, it is sent to the Buyer via email and can be stored by the Buyer for the desired period and accessed from there. The Seller also has the right to retain it for a period of three years.
4.2.13 In case of disputes, the Buyer can make legal applications to the District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502, with the contact information that the Buyer can send complaints to the Seller.
4.3 The products subject to the Agreement shall be delivered to the Buyer's address as specified above or to the person(s)/organization clearly indicated during the order process within the period stated in the preliminary information on the website, depending on the distance of the Buyer's place of residence, not exceeding 30 (thirty) days following the receipt of the order by the Seller, provided that it complies with the laws and regulations.
4.4 The Seller cannot be held responsible for the failure of the ordered product to be delivered to the Buyer due to any problems that the cargo company may encounter during the delivery of the product to the Buyer.
4.5 The Seller cannot be held responsible for the refusal of the delivery of the ordered product by the Buyer at the delivery address. The Seller cannot be held responsible for any damage to the product during delivery.
4.6 The delivery of the product subject to the Agreement is contingent upon the Seller receiving either the signed copy of the Agreement or the electronically approved copy by the Buyer, and the full and complete payment of the price through the payment method determined by the Seller. In the event that the price of the product is not paid for any reason or is canceled in the bank records, the Seller is considered relieved of the obligation to deliver the product.
4.7 In the event that unauthorized persons unlawfully or wrongfully use the Buyer's credit card, not due to the Buyer's fault, resulting in the relevant bank or financial institution not paying the product price to the Seller, the Buyer is obliged to send the notification of the product price to the Seller within 3 (three) days at the latest following the delivery of the product to the Buyer. In this case, the shipping costs are borne by the Buyer.
4.8 In cases where the Seller cannot deliver the product subject to the Agreement within the specified period due to force majeure events or technical reasons, the Seller is obliged to notify the Buyer of the situation. In this case, the Buyer may exercise one of the optional rights, which include canceling the order, replacing the product with a similar one if available, and/or postponing the delivery period until the obstacle is removed. If the Buyer cancels the order, the amount paid will be refunded by notifying the bank to which the credit card belongs.
4.9 Due to various reasons, it may not be possible to deliver the ordered products to the Buyer. If the Seller is unable to fulfill the obligations of the Agreement by claiming that the performance of the ordered goods or services has become impossible, the Seller notifies the Buyer of this situation and refunds the amount paid to the Buyer within 10 days.
4.10 When the Buyer makes a purchase from www.theheartdoctrine.com website, they acknowledge that it is for personal use only and not for resale or any other commercial purposes.
4.11 The Buyer and the Seller agree, declare, and undertake that the correspondence addresses mentioned at the beginning of the Agreement are the valid notification addresses, and all notifications directed to this address will be considered valid..
4.12 The Buyer may call the customer service number "+90 533 229 81 59" free of charge to inquire about their orders and lodge complaints, and they may also send written notifications to the email address "info@theheartdoctrine.com.tr" >
5. Right of Withdrawal
5.1The Buyer may exercise their right of withdrawal within 14 (fourteen) days from the delivery of the product subject to the Agreement to themselves or to the person(s)/organization at the specified address.
5.2In order to exercise the right of withdrawal, it is necessary to notify the Seller via email or phone within this period. The Seller reserves the right to reject returns that are made without such notification.
5.3If this right is exercised, it is mandatory to return all documents and materials sent to the Buyer, such as the original invoice, delivery note, certificate, insurance forms, product box, packaging, etc., with a sample of the cargo delivery receipt indicating the return of the product delivered to a third party or to the Buyer to the Seller. After these documents reach the Seller in full and complete condition, compliance with the return conditions is examined by the Seller. If the return is approved, the full amount paid for the product is refunded within 14 (fourteen) days from the date the right was exercised, using the same method of payment. The return shipping fee is the responsibility of the Buyer in case of a return. Any damage, shortage, or other material losses identified in the returned products during the Seller's examination are reported to the customer, and necessary deductions are made from the refund amount. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded. The responsibility for any deterioration or similar value-reducing situations in the product and the accompanying documents and materials during the return shipment, caused by the courier companies or the Buyer performing the return, lies with the Buyer who carries out the return.
5.4According to Article 15(a) of the Distance Contracts Regulation, "Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts: Contracts relating to goods or services whose price depends on fluctuations in the financial markets and which are not under the control of the seller or supplier." The products sold by the Seller through their website and forming the scope of the Agreement fall within the scope of this regulation. Therefore, the Buyer's right of withdrawal exists only from the moment they place the order (establish the Agreement) until they open the package or similar protective elements of the product.
5.5The burden of proof regarding the exercise of the right of withdrawal lies with the Buyer.
5.6If the Buyer exercises their right of withdrawal, ancillary contracts also terminate automatically.
6. Rules on Intellectual and Industrial Rights
All kinds of intellectual and industrial property rights, including any information and content shared on the website, are exclusively owned by the Seller and/or the manufacturer of the products sold. The Buyer acknowledges, declares, and undertakes not to violate these intellectual and industrial property rights and ownership rights.
7. Integrity of the Contract
If any provision of the Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be interpreted in accordance with the Parties' intentions and will remain valid.
8. The Competent Court in Case of Dispute
In case of any disputes arising from the implementation of the Agreement, the Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Commerce, or the Consumer Courts at the place of residence of the Buyer or the Seller, are authorized.
The Agreement has been read, accepted, and confirmed by the parties in electronic form. The provisions of Law No. 4077 on the Protection of Consumers shall apply to matters not regulated in the Agreement.
Buyer
Name - Surname : |
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............. |
E-mail Address : |
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............. |
Date : |
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