SELESTA KOZMETİK GIDA SANAYİ VE TİCARET ANONİM ŞİRKETİ

DISTANCE SALES AGREEMENT

  • Parties
  • Selesta Kozmetik Gıda Sanayi ve Ticaret Anonim Şirketi, located at İnönü Mah. Yavuz Sultan Selim Cad. A1 Blok No.89/1 İç Kapı No.4 Torbalı/İzmir

(hereinafter referred to as “Selesta”).

  • The user who registers on the website (“Member” – Name and ID number).
  • Subject

The subject of this Agreement is the sale and delivery of the product/service with the characteristics mentioned in the Agreement, purchased by the BUYER electronically from the website owned by the SELLER (“website”), in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts published in the Official Gazette No. 29188 dated November 27, 2014, which regulates the rights and obligations of the parties.

  • Product and Service Information

The type and category, quantity, brand/model, and sale price of the service and the products within the scope of this service purchased by the BUYER are as specified on the website and the Sales Invoice.

  • General Provisions
  • The BUYER declares that they have read the essential qualities of the products and/or services subject to the contract, the sales price, and payment methods, and that they have provided the necessary confirmation electronically.
  • If the service fee is not paid by the BUYER for any reason, or if the payment made is canceled in bank records, the SELLER may suspend the service provided and cancel the order for the products related to the service.
  • In cases of cancellations and contract terminations, including withdrawal from this Agreement and in accordance with the law, if the service fee has been collected, it will be refunded to the BUYER within a maximum of fourteen (14) days. The refund will be made in accordance with the payment method used by the BUYER to pay the service fee to the SELLER.
  • The SELLER has and reserves the right to set-off, discount, and deductions arising from this Agreement and the law regarding the amount to be refunded. The BUYER’s legal rights are also reserved and available in cases where the Agreement is terminated by the BUYER due to the SELLER’s failure to fulfill its obligations.
  • In the event of the BUYER’s default, the BUYER agrees to compensate the SELLER for the damages incurred due to the delayed performance of the debt.
  • The BUYER is obliged to fulfill the requirements requested by the SELLER to ensure that the service purchased under this Agreement can be provided accurately and completely.
  • By accepting this Agreement, the BUYER also declares and undertakes to accept the provisions of the Privacy Policy (www…….) and the Personal Data Protection Information Text (www…….) available on the SELLER’s website.
  • Delivery
  • The products subject to this Agreement will be delivered within the timeframes stated on the purchase screens, depending on the distance of the BUYER’s residence, following the payment, without exceeding the legal thirty (30) day period.
  • Even if the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation completely and fully. Therefore, all damages arising from the late delivery of the product to the BUYER and any expenses incurred due to the product waiting at the cargo company and/or being returned to the SELLER are the responsibility of the BUYER.
  • If the products within the scope of the service subject to this Agreement are to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the person/entity receiving the delivery refuses to accept it.
  • The SELLER is responsible for delivering the products subject to the service in a solid, complete manner, in accordance with the qualities specified in the order, along with warranty documents and user manuals.
  • In case of order cancellations made by the BUYER after the products within the scope of the service have been shipped by the SELLER but before they have been received by the BUYER, the BUYER is responsible for the shipping costs.
  • The BUYER is responsible for checking the products at the moment of delivery. If the BUYER notices any issues caused by shipping, they are responsible for refusing the products and having a report made by the cargo company. Otherwise, the SELLER will not accept any responsibility.
  • Products requested for return or exchange must be sent back in a separate package/carton without being damaged during shipping. Since the products sold through the website are cosmetic products, only unopened products can be returned. Returns of opened, torn, damaged, or spoiled items are not accepted.
  • Right of Withdrawal
  • The BUYER has the right to withdraw from this Agreement without providing any reason and without penalty within fourteen (14) days from the date the Agreement was established.
  • For the BUYER to exercise the right of withdrawal; (i) they must notify the SELLER in writing to the fax number or email address specified in the introductory part of the Agreement within fourteen (14) days, and (ii) the products related to the received service must not be used.
  • The invoice for the service-related products delivered to the BUYER must be submitted to the SELLER along with the returned products. If the original invoice is not sent, VAT and any other legal liabilities cannot be refunded. EFT charges, shipping costs, and other expenses arising from the use of the right of withdrawal are the responsibility of the BUYER.
  • The SELLER is obliged to refund the total amount and documents that obligate the BUYER to the BUYER within a maximum of ten (10) days from the date the withdrawal notification reaches them.
  • If there is a decrease in the value of the products due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the losses incurred proportional to their fault. However, the BUYER is not responsible for changes and damages that occur due to proper use of the product within the withdrawal period.
  • Products for which the Right of Withdrawal Cannot be Exercised
  • The BUYER has the right to withdraw from the contract without providing any reason and without penalty within fourteen days. The withdrawal period starts from the day the consumer or a third party on their behalf receives the goods.
  • The BUYER cannot exercise the right of withdrawal in cases where it is not possible to use the right of withdrawal as stated in the Regulation on Distance Contracts. The BUYER cannot withdraw from contracts for goods prepared according to their wishes or personal needs; for contracts for the delivery of perishable goods or goods that may soon expire; and for contracts concerning the delivery of goods that are not suitable for return for health and hygiene reasons.
  • Termination and Penal Clause
  • In the event of a violation of this Agreement and records and payment obligations related to the sale of the product subject to this Agreement on the website, the party affected by the violation may terminate this Agreement immediately and for valid reasons.
  • The party at fault in the termination of the Agreement agrees and undertakes to compensate the other party for all negative and positive damages it incurs as a result.

This Agreement has been concluded and entered into force on the date of ………………… by the BUYER’s electronic approval.