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Distance Sales Agreement

ARTICLE 1 PARTIES


1.1-SELLER

Title : Dr Cemal İsmailoğlu

Address : Güldefne Sokak İnnovia Çarşı No: 7 Avcılar/İSTANBUL/Türkiye

Phone : 2128128861

Fax :

Email address : info@drcemalismailoglu.com


1.2-BUYER

Name/Surname/Title :

Address :

Phone :

Email address :

ARTICLE 2 SUBJECT

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts dated 06.03.2011, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER via the SELLER's website drcemalismailoglu.com.

ARTICLE 3 CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE

3.1-PRODUCTS

The main features of the goods or services are located at drcemalismailoglu.com. 

The prices listed and announced on the site are the selling prices. Announced prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.

All taxes for the goods or services subject to the contract are included in the sales price.


3.2-DELIVERY METHOD AND PLAN

Delivery Address :

Person to be Delivered To :

Invoice Information :

Product shipments will start within 3 business days at the latest after the product is supplied by Dr Cemal İsmailoğlu. The shipping cost for product shipments in orders will be paid by the BUYER. 

3.3 LATE PAYMENT INTEREST

Since payment will be made in advance or by credit card, no late payment interest will be applied by the SELLER.


ARTICLE 4 GENERAL PROVISIONS

4.1) The BUYER declares that they have read and are informed of the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the drcemalismailoglu.com website, and have given the necessary confirmation electronically. By confirming this Preliminary Information electronically, the BUYER also confirms that they have accurately and completely received the address, basic characteristics of the ordered products, the price of the products including taxes, payment, and delivery information that must be provided by the SELLER to the BUYER before the conclusion of distance contracts.

4.2) The product subject to the contract is delivered to the BUYER or the person/entity at the address indicated by them within the period explained in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that the legal 30-day period is not exceeded for each product. 

4.3) The SELLER cannot be held responsible for any problems encountered by the cargo company during the delivery of the product to the BUYER, which result in the ordered product not being delivered to the BUYER. For any damage incurred during product shipment, the BUYER must have a report filed with the CARGO company.

4.4) The SELLER is responsible for delivering the product subject to the contract sound, complete, in accordance with the specifications stated in the order, and with warranty certificates and user manuals, if any. 

4.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.

4.6) If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance obligation arising from the contract and return the total amount to the BUYER within 10 business days.

4.7) Confirmation of this Preliminary Information Form electronically is required for product delivery. If the product price is not paid for any reason or is canceled in bank records, the SELLER is deemed to be released from the obligation to deliver the product.

4.8) If the relevant bank or financial institution fails to pay the product price to the SELLER due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons after the product's delivery, without fault on the part of the BUYER, the BUYER must return the product to the SELLER within 3 days, provided it has been delivered to them. In this case, shipping costs belong to the BUYER.

4.9) If the SELLER cannot deliver the product subject to the contract within the stipulated time due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, or interruption of transportation, it is obliged to inform the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, to replace the product subject to the contract with a similar one if available, and/or to postpone the delivery period until the hindering situation is eliminated. If the BUYER cancels the order, the amount paid will be returned to them in cash and in full within 10 days. For payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after being refunded to the bank is entirely related to the bank's processing period, the BUYER hereby accepts that the SELLER cannot intervene in any way for possible delays and that the amount refunded by the SELLER to the credit card may take an average of 2 to 3 weeks to be reflected in the BUYER's account by the bank.


ARTICLE 5 RIGHT OF WITHDRAWAL

The BUYER, in distance contracts regarding the sale of goods, may exercise their right of withdrawal from the contract by rejecting the goods within 14 (fourteen) business days from the date of delivery of the product to them or to the person/entity at the address indicated by them, without assuming any legal or criminal liability and without showing any reason. In distance contracts regarding the provision of services, this period starts on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's consent before the expiration of the withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. To exercise the right of withdrawal, a written notification must be made to the SELLER via registered mail, fax, or e-mail within the 14-business-day period, and the product must not have been used within the framework of Article 5-e. In the event this right is exercised, 

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 along with the return invoice issued by the institution when returning. Order returns issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.) 

b) The petition stated when exercising the right of withdrawal, 

c) The box, packaging, and standard accessories, if any, of the products to be returned must be delivered complete and undamaged.

d) The SELLER is obliged to return the total amount and the documents that put the buyer in debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification, and to take back the goods within 20 days.

e) If there is a decrease in the value of the goods or if returning becomes impossible due to a reason originating from the BUYER's fault, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. Custom-made sizes and products cannot be returned by the SELLER. Products requiring hygiene such as earrings cannot be returned by the SELLER. Products for which the right of withdrawal is to be exercised must be unused. Technological products whose packages have been opened once cannot be returned by the SELLER.

f) If the amount eligible for using the Shopping Voucher issued by the SELLER falls below the threshold due to the exercise of the right of withdrawal, the Shopping Voucher amount benefited under the campaign will be canceled.

ARTICLE 6  AUTHORIZED COURT

In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where their domicile is located, up to the value declared by the Ministry of Customs and Trade, are authorized. The SELLER can submit their complaints and objections to the consumer arbitration committee or consumer court in the place where they purchased the goods or services or where their domicile is located, within the monetary limits determined by the T.R. Ministry of Customs and Trade every December. Information regarding monetary limits is provided below. Effective from January 1, 2014, the lower monetary limit for consumer arbitration committee decisions to be binding or evidence in consumer courts, as per the fifth and sixth paragraphs of Article 22 of Law No. 4077 on Consumer Protection, is 1,272.19 TL, and in the third paragraph of Article 5 of the Regulation on Consumer Arbitration Committees published in the Official Gazette dated August 1, 2003, and numbered 25186, the lower monetary limit for provincial arbitration committees operating in provinces with metropolitan status to be responsible and authorized to hear disputes is determined as 3,321.17 TL.

This Contract has been made for commercial purposes.

SELLER : Dr Cemal İsmailoğlu

BUYER :

DATE

This content has been translated using artificial intelligence technology.