PARTIES AND SUBJECT
This agreement sets out the rights and obligations of the parties regarding purchases made between the person purchasing products (hereinafter the “PRODUCT/PRODUCTS”) from the website www.odyocell.com.tr (hereinafter the “WEBSITE”) (hereinafter the “BUYER”) and the seller MIHÇILAR TIBBİ CİHAZLAR LTD. ŞTİ., located at Odunluk Mah. Odunluk Cad. No:13/A, Nilüfer, Bursa, Türkiye (Tel: +90 224 236 70 30; email: sinan@odyocell.com.tr) (hereinafter the “SELLER”), in accordance with the order form completed electronically by the BUYER — which specifies the features, quality and quantity of the PRODUCT, its sale price, the terms and method of payment and the date of sale — and within the scope of the Turkish Law on Consumer Protection and the Regulation on the Principles and Procedures of Distance Contracts. Advertised prices and offers are valid until they are updated or changed. Prices advertised for a limited period are valid until the end of the stated period.
ARTICLE 1. RIGHT OF WITHDRAWAL
The SELLER gives the following undertaking to the BUYER (Consumer): “We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or service within seven days of receiving the goods or signing the contract, without incurring any legal or criminal liability and without giving any reason, and that we will take back the goods from the date on which the notice of withdrawal reaches the seller or provider.”
To exercise the right of withdrawal, written notice must be given to the SELLER within this period. If this right is exercised, a copy of the courier delivery receipt showing that the PRODUCT delivered to a third party or to the BUYER has been sent to the SELLER, together with the original invoice, must be returned. The price of the PRODUCT will be refunded to the BUYER within 10 (ten) days of these documents being received. For credit card payments, the refund is made to the BUYER’s credit card. If the original invoice is not sent, VAT and any other legal charges cannot be refunded, as required by tax legislation. The shipping cost of the returned product is borne by the BUYER.
The BUYER cannot exercise the right of withdrawal in the case of a PRODUCT that has been produced in line with the BUYER’s specific requests, personalised by modifications or additions, cannot be returned by its nature, or is liable to deteriorate quickly or expire; nor, in general, when the PRODUCT has been used or, even if unused, when cosmetic and similar PRODUCTS have been removed from their packaging.
ARTICLE 2. GENERAL PROVISIONS
2.1. The BUYER acknowledges having read and understood the preliminary information on the basic characteristics, sale price, method of payment and delivery of the products shown on the WEBSITE, and having given the confirmation required for an electronic sale.
2.2. The PRODUCT is delivered, packaged and intact together with its invoice, to the delivery address specified by the BUYER on the WEBSITE within 30 days at the latest; this period may be extended where necessary.
2.3. If the PRODUCT is to be delivered to a person or organisation other than the BUYER, the SELLER cannot be held responsible if that person or organisation refuses delivery.
2.4. The BUYER is responsible for checking the PRODUCT upon receipt and, if a problem caused by shipping is found, for refusing the PRODUCT and having the courier’s representative draw up a report. Otherwise, the SELLER will not accept responsibility.
2.5. At the SELLER’s request at the time of delivery, the BUYER is obliged to sign a printed copy of this Agreement; if the BUYER does not sign it, the PRODUCT may not be delivered. The Agreement approved by the BUYER during the purchase on the WEBSITE is sufficient and valid in all cases.
2.6. Unless otherwise provided in writing by the SELLER, the BUYER must have paid the price in full before receiving the PRODUCT. If the price of the PRODUCT is not paid to the SELLER before delivery, the SELLER may unilaterally cancel the agreement and not deliver the PRODUCT.
2.7. If, for any reason after delivery of the PRODUCT, the bank or financial institution to which the credit card used belongs does not pay the price of the PRODUCT to the SELLER, the BUYER shall return the PRODUCT to the SELLER within 3 days at the latest, with all costs borne by the BUYER. All other contractual and legal rights of the SELLER, including pursuing its claim for the price of the PRODUCT, are separately and in any case reserved. For the avoidance of doubt, deferred or instalment payment facilities provided by institutions issuing credit cards, instalment cards and the like, such as banks and financial institutions, are a loan and/or an instalment facility provided directly by those institutions; sales of PRODUCTS made within this framework, for which the SELLER has collected the full price, are not deemed instalment sales between the parties to this Agreement but cash sales. The SELLER’s legal rights in cases legally deemed instalment sales (including the right to terminate the agreement and/or demand payment of the entire remaining debt together with default interest if any instalment is not paid) exist and are reserved. In the event of the BUYER’s default, default interest at a rate of 5% per month shall apply.
2.8. If, owing to extraordinary circumstances outside normal sales conditions (such as adverse weather, earthquake, flood or fire), the PRODUCT cannot be delivered within the 30-day period and the delay exceeds 10 days, the SELLER will inform the BUYER regarding delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the extraordinary circumstances end. In the event of cancellation, if the price of the PRODUCT has been collected, it will be refunded to the BUYER within 10 days of the cancellation. For credit card payments, the refund is made to the BUYER’s credit card.
2.9. The BUYER may submit requests and complaints regarding the PRODUCT and the sale to the SELLER through the SELLER’s contact channels given in the introductory section of the Agreement.
ARTICLE 3. EVIDENCE AGREEMENT AND COMPETENT COURT
In the resolution of any dispute arising from this Agreement and/or its implementation, the SELLER’s records (including records on magnetic media such as computer and voice records) constitute conclusive evidence. Consumer Arbitration Committees are competent up to the value announced by the Ministry of Science, Industry and Technology, and in cases exceeding this value, the Consumer Courts and Enforcement Offices at the place of residence of the BUYER and the SELLER are competent.
The BUYER declares, accepts and undertakes that they have read all the terms and explanations written in this Agreement and in the order form, which forms an integral part of it, and that they have received, reviewed and fully accepted the terms of sale and all other preliminary information.
This is an English translation provided for information. In case of any discrepancy, the Turkish version prevails.
Order Contents and Total:
[sepet-tutar]
Order Date: [tarih]
Customer Name: [kullanici-adi]
Turkish ID Number: [tc-no]
Phone Number: [telefon-no]
Email Address: [e-posta-adresi]
Name on Invoice: [fatura-kullanici-adi]
Company Name on Invoice: [fatura-firma-adi]
Billing Address: [fatura-adresi]
Recipient: [kargo-kullanici-adi]
Shipping Company Name: [kargo-firma-adi]
Shipping Address: [kargo-adresi]
(0)
