Name and Surname: Hamata İlaç Gıda Kimya Sanayi ve Ticaret Limited Şirketi
Tax No: 4561467033
Tax Office Avcilar Tax Office
Address: University Mahallesi Sarıgül Sokak Teknokent site Entertech Incubation Center Avcılar/Istanbul
Telephone: (0850) 611 08 91
In the application and interpretation of this Agreement, the following terms shall mean the written explanations opposite them. LAW : Law on Consumer Protection, REGULATION : Regulation on Distance Contracts, SERVICE : The subject of all kinds of consumer transactions other than the provision of goods made or undertaken to be made for a fee or benefit, SELLER : The real or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or who acts on behalf or account of the person offering the goods, BUYER : A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes, SITE : The website of the SELLER named www.hamata.com.tr, ORDER GIVER : A natural or legal person who requests a good or service through the SELLER's website www.hamata.com.tr, PARTIES : SELLER and BUYER, CONTRACT : This contract concluded between the SELLER and the BUYER, GOODS : It refers to movable goods subject to shopping, immovable goods for residential or holiday purposes, and software, audio, video and all kinds of similar intangible goods prepared for use in electronic media.
3. SUBJECT MATTER OF THE CONTRACT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts dated 06.03.2011 regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically through the SELLER's website. The prices listed and announced on the site are the sales price. The advertised prices and promises are valid until they are updated and changed. By accepting this distance sales contract, the BUYER accepts in advance that if he / she approves the order subject to the contract, he / she accepts in advance that he / she is under the obligation to pay the price subject to the order and the additional fees, if any, such as shipping fees and taxes, and that he / she has been informed in this regard.
4. VENDOR INFORMATION
Title: Hamata İlaç Gıda Kimya Sanayi ve Ticaret Limited Şirketi
Address: University Mahallesi Sarıgül Sokak Teknokent site Entertech Incubation Center Avcılar/Istanbul
Telephone: (0850) 611 08 91
5. BUYER INFORMATION
Person to be Delivered to:
6. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
6.1. The basic specifications (type, quantity, brand / model, color, quantity) of the Goods / Products / Products / Service are available on the SELLER's website. You can review the basic features of the product on the site.
6.2. The prices listed and advertised on the website are sales prices. The advertised prices and promises are valid until they are updated and changed.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below. Product Description Quantity Advance Price Subtotal (including VAT) TL Shipping Amount - Total : TL Payment Method and Plan : Delivery Address : Person to be Delivered to : Invoice Address : Order Date : Delivery Method : Delivery to Address
6.4. Product shipments will be provided within three business days. The shipping fee, which is the cost of product shipment, shall be paid by the BUYER.
7. GENERAL PROVISIONS
7.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery on the website of the SELLER and that he / she has given the necessary confirmation electronically. BUYER; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, the address that must be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information, also accepts, declares and undertakes that it has obtained accurate and complete.
7.2. Each product subject to the contract is delivered to the BUYER or the person and / or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's location, provided that it does not exceed the 30-day legal period. In case of failure to fulfill its performance within this period, the consumer may terminate the contract.
7.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and, if any, with warranty documents, user manuals, information and documents required by the work, to perform the work within the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, to act with prudence and foresight, in accordance with the requirements of the legal legislation, free from any defects.
7.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his explicit consent before the contractual performance obligation expires. 7.5. If the SELLER cannot fulfill its contractual obligations in case it becomes impossible to fulfill the product or service subject to the order, the SELLER accepts, declares and undertakes that it will notify the consumer before the contractual performance obligation expires and that it will return the total price to the BUYER within 10 days.
7.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Contract, and if the price of the product subject to the contract is not paid for any reason and / or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
7.7. The BUYER accepts, declares and undertakes that if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the product subject to the Contract to the BUYER or 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 expense of the SELLER.
7.8. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within the period due to force majeure events such as the occurrence of force majeure events that develop outside the will of the parties, unforeseen in advance and preventing and / or delaying the parties from fulfilling their obligations. The BUYER also has the right to request the SELLER to cancel the order, to replace the product subject to the contract with its precedent, if any, and / or to postpone the delivery period until the preventive situation is eliminated. If the order is canceled by the BUYER, the product amount is paid to the BUYER in cash and in cash within 10 days for the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount to the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.
7.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.
7.10. The BUYER shall inspect the goods / services subject to the contract before receiving it; dents, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The goods / services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods / service after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods / service should not be used. The invoice must be returned.
7.11. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
7.12. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the SELLER's website is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.
7.13. 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.
7.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harasses others, for a purpose contrary to the law, in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
7.15. Through the website of the SELLER, links may be provided to other websites and/or other contents that are not under the control of the SELLER and/or owned and/or operated by other third parties. These links are provided to provide ease of orientation to the BUYER and do not support any website or the person operating that website and do not constitute any guarantee for the information contained in the linked website.
8. INVOICE INFORMATION
Invoice will be delivered with the order to the delivery address during order delivery.
9. RIGHT OF WITHDRAWAL
9.1. BUYER; In distance contracts for the sale of goods, the BUYER may use the right of withdrawal from the contract by rejecting the goods without any justification within 7 (seven) days from the date of delivery of the product to him or the person / organization at the address indicated. The BUYER must have notified the SELLER within this period that the right of withdrawal has been exercised. Before the BUYER accepts the distance contract or any corresponding offer, the BUYER is informed by the seller or provider in a clear and understandable manner about the matters specified in the regulation and that he will be under payment obligation if he approves the order and the BUYER accepts in advance that he has been informed. Before the expiration of the right of withdrawal, the right of withdrawal cannot be used in service contracts where the performance of the service is started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER.
9.2. In order to exercise the right of withdrawal, written notification must be made to the SELLER by registered mail, fax or e-mail within 7 (seven) days and the product must not have been used within the framework of the provisions of "Products that cannot be used for the Right of Withdrawal" regulated under Article 11. In case this right is exercised,
a) the invoice of the product delivered to the person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns whose invoice is issued on behalf of institutions will not be completed if the RETURN INVOICE is not issued.)
b) The products to be returned must be delivered complete and undamaged together with the box, packaging and standard accessories, if any.
c) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
d) If there is a decrease in the value of the goods for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to its fault.
10. RIGHT OF WITHDRAWAL
ITEMS THAT CANNOT BE USED It is not possible to return the goods that are prepared in accordance with the wishes of the BUYER or clearly in line with his personal needs, which are not suitable for return due to their nature, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire if the packaging has been opened by the BUYER in accordance with the Regulation. Cosmetics and personal care products, underwear products, food supplements can be returned if their packaging is unopened, untested, intact and unused.
11. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may request the costs and attorney's fee from the BUYER and in any case, if the BUYER defaults due to the BUYER's debt, the BUYER accepts, declares and undertakes that the BUYER will pay the loss and damage incurred by the SELLER due to the delayed performance of the debt.
12. COMPETENT COURT
12.1. The parties have agreed that the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and where the BUYER's residence is located shall be authorized until the value announced by the Ministry arising from the implementation and interpretation of the Agreement.
12.2. The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the goods or services are purchased or where the residence is located within the monetary limits determined by the Ministry. Information on the monetary limit is below: To be valid as of 28/05/2014: It is mandatory to apply to District Consumer Arbitration Committees for disputes with a value below 2.000,00 TL (Two Thousand Turkish Liras), to Provincial Consumer Arbitration Committees for disputes below 3.000,00 TL (Three Thousand Turkish Liras), and to Provincial Consumer Arbitration Committees for disputes between 2.000,00 TL and 3.000,00 TL (Two Thousand Turkish Liras and Three Thousand Turkish Liras) in provinces with metropolitan status. For disputes above these values, no application can be made to the Consumer Arbitration Committees. This Agreement is made for commercial purposes.
In case of payment of the order placed through the site, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements to ensure that the order cannot be placed without confirmation that the Agreement has been read and accepted by the BUYER on the site.