Distance Sales Agreement
DISTANCE SALES CONTRACT
ARTICLE 1- PARTIES
This Distance Sales Contract (“Contract”) is established electronically between the Parties defined below within the framework of the terms and conditions stated in the Contract. The addresses specified in this Contract are the legal notification addresses of the Parties, and unless any change of address is notified in writing to the other Party, notifications made to these addresses shall be valid.
1.1. SELLER
Title : ZADE VİTAL İLAÇ KİMYA GIDA SAN. VE TİC. A.Ş.
Address : Büyükkayacık OSB Mh. Güzelkonak Sk. No: 8B-1 Selçuklu, KONYA
MERSİS No : 0996086855800001
Tax No : 996 086 8558
Phone : 0332 346 05 20 (pbx)
E-mail : zadevital@zade.com.tr
(Hereinafter referred to as the “Seller.”)
1.2. BUYER
Name / Surname / Title :
Address :
Phone :
E-mail :
(Hereinafter referred to as the “Buyer.”)
ARTICLE 2- DEFINITIONS
Each term/expression/word below has been used in this Contract taking into account the definition provided opposite to it.
Buyer : The natural person acquiring, using or benefiting from a good or service for non-commercial or non-professional purposes,
Ministry : The Ministry of Trade of the Republic of Turkey,
Bank : Licensed institutions established under the Banking Law No. 5411,
Service : The subject of all types of consumer transactions other than the provision of the Product performed or committed to be performed for a fee or benefit,
Law : Law No. 6502 on the Protection of Consumers,
Shipping Company : The contracted cargo or logistics company that delivers the Product to the Buyer and facilitates returns by collecting from the Buyer and delivering to the Seller,
Platform : The website belonging to the Seller https://zadevital.com.tr/,
Pre-Information Form : A form prepared to inform the Buyer about the minimum issues specified in the Regulation before the Contract is established or before any offer is accepted by the Buyer,
Seller : ZADE VİTAL İLAÇ KİMYA GIDA SAN. VE TİC. A.Ş acting as the party providing or acting on behalf of the provider of the Product/Service to the consumer for commercial or professional purposes, including public legal entities,
Contract : This Distance Sales Contract concluded between the Seller and the Buyer,
Product : The movable goods subject to the Contract and any intangible goods such as software, sound, image prepared for use in electronic environments,
Regulation : The Distance Contracts Regulation.
ARTICLE 3- SUBJECT
This Contract is drafted in accordance with Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation. The subject of this Contract is to determine the rights and obligations of the Parties regarding the sale and delivery of the Product ordered electronically by the Buyer from the Platform owned by the Seller, with qualities and sales price specified in the Contract, in accordance with the provisions of Law and Regulation.
The Parties acknowledge, declare, and undertake that they are aware of and understand their obligations and responsibilities arising from the Law and Regulation under this Contract.
ARTICLE 4- MATTERS THE BUYER IS INFORMED IN ADVANCE
Before creating the order and establishing the Contract, the Buyer accepts, declares, and undertakes that they have been correctly and completely informed about all matters concerning the conclusion and implementation of the Contract included in the relevant pages and sections of the Platform, the Contract, the Pre-Information Form, and otherwise, including but not limited to the following:
a) Basic characteristics of the product/service subject to the Contract,
b) The name or title of the Seller, MERSIS number or tax identification number, contact details and other identifying information,
c) The sales process stages during the purchase from the Platform and appropriate tools/methods for correcting mistakenly entered information,
d) The total price including all taxes of the goods or services, the method of calculating the price if it cannot be calculated in advance due to its nature, all shipping, delivery and similar additional costs if any, and information on the payment of additional costs if they cannot be calculated in advance,
e) Shipping restrictions envisaged by the Seller for the Product/Service,
f) Accepted payment methods/tools for the product, total sales price including taxes,
g) Procedures for delivery of the Product to the Buyer and information about additional costs such as shipping-delivery-cargo costs,
h) Other payment/collection and delivery details and period related to the Product/Service and other information about the fulfillment of the Contract and the responsibilities of the Parties in these matters,
i) Conditions, duration, procedure for exercising the right of withdrawal and information regarding the carrier designated by the seller for returns, in cases where the right of withdrawal exists,
j) Clear address, fax number or e-mail information where the withdrawal notification will be sent,
k) Information regarding conditions under which the Buyer cannot benefit from the right of withdrawal, including inability to exercise the right on time,
l) Deposits or other financial guarantees required to be paid or provided by the consumer upon the Seller's request and related conditions, including refund methods, costs, return of the price subject to the Contract, discounts and deductions related to reward points earned/used by the Buyer during return,
m) Details of conditions for benefiting from various promotional opportunities that may be applied from time to time on the Platform,
n) Information that all other sales terms included in the Contract depending on their nature will be sent to the Buyer by e-mail upon Buyer's request after the Contract is approved on the Platform and that the Buyer can access the Contract via their membership account,
o) Information that in case of disputes, the Buyer can apply to the consumer arbitration committee or, pursuant to Article 73/A of the Law, the consumer court with the condition of applying to the mediator before filing a lawsuit.
ARTICLE 5- PRODUCT INFORMATION SUBJECT TO THE CONTRACT
5.1. The basic features of the product (type, quantity, number, sales price) are present on the Platform and these have been approved by the Buyer.
5.2. The Buyer acknowledges in advance that by approving the order subject to the Contract, they undertake the obligation to pay the order price and, if any, the additional charges such as shipping fee, taxes.
5.3. All amounts to be paid for the Product/Service (total sales price including all taxes, cargo fee, installment interest difference, etc.) are shown in the table below.
|
Product Description |
Unit Price (TRY) |
Quantity |
Total Including VAT (TRY) |
| Shipping Fee |
Payment Method and Plan:
Delivery Method :
Delivery Address :
Invoice Address :
Order Date :
Delivery Time* :
Other Expenses to be Covered by Buyer :
*Exceptions provided in the Contract and relevant legislation are reserved.
5.6. The Seller has the authority to determine the price of the Product offered for sale on the Platform within the framework of legal legislation.
ARTICLE 6- BUYER INFORMATION, SELLER INFORMATION, INVOICE INFORMATION
BUYER INFORMATION
Person to be Delivered :
Delivery Address :
Phone :
Fax :
E-mail/Username :
INVOICE INFORMATION
Trade Title / Name and Surname :
Tax Office and Tax Identification Number :
Address :
Phone :
Fax :
E-mail/Username :
Invoice Delivery : Invoice will be delivered to the delivery address together with the order at the time of delivery and/or electronically to the e-mail address by e-invoice method.
ARTICLE 7- GENERAL PROVISIONS
7.1. The Buyer declares and accepts that they must make payment transactions according to the information on the Platform and fill in the delivery address and recipient details correctly and completely to ensure timely and accurate delivery of the Product.
7.2. The Product subject to the Contract shall be delivered by the Shipping Company to the person at the delivery address within the time committed on the Platform and in the Contract, depending on the distance of the delivery address, and in any case without exceeding the legal period of 30 (thirty) days. If the Product cannot be delivered to the Buyer within this period, the Buyer reserves the right to terminate the Contract.
7.3. If the Product subject to the Contract is to be delivered to a person(s)/institution(s) other than the Buyer, the Seller shall not be held responsible if such person(s)/institution(s) refuse to accept delivery.
7.4. The products subject to the Contract are not shipped abroad. The Buyer accepts, declares and undertakes that they have been informed about this matter.
7.5. The Seller is responsible for the sound and complete delivery of the Product in accordance with the specifications stated in the order.
7.6. Delivery of the Product requires that this Contract is approved electronically by the Buyer and that the product price is fully and correctly paid in the payment method determined by the Seller. If the Product price is not paid, partially paid or canceled in banking records for any reason, the Seller shall be considered exempt from the obligation to deliver the Product. The Buyer accepts, declares and undertakes that the Seller has no responsibility for payments made by the Bank to the Seller despite the Bank sending a failure code for any reason.
7.7. The Buyer must inspect the Product before taking delivery and refuse to accept damaged or defective goods such as dented, broken, torn packaging, etc. The Product delivered is considered to be undamaged and intact. The obligation to carefully preserve the product after delivery lies with the Buyer.
7.8. The Seller is not responsible for losses and expenses arising from the Buyer's delayed or non-delivery due to absence of the Buyer or a third party designated by the Buyer at the delivery address.
7.9. The Seller is not responsible for any damage occurring after the Product is handed over to the cargo.
7.10. If the Buyer’s credit card is misused by unauthorized persons after delivery and the related amount is not paid to the Seller by the relevant Bank or financial institution, the Buyer agrees, declares and undertakes to return the Product to the Seller within 3 (three) days at their own expense.
7.11. If the Seller cannot deliver the product within the specified time due to force majeure such as bad weather conditions, general strikes, transportation interruption and/or technical reasons, the Seller is obliged to notify the Buyer within 3 (three) days of becoming aware of the situation. In this case, the Buyer may choose to cancel the order, replace the Product with an equivalent if any, or postpone the delivery time until the obstructing condition is removed. If the Buyer cancels the order, the refund will be arranged with the Bank that issued the credit card.
7.12. In case a refund is required for any reason under this Contract and the Buyer has paid by credit card, the Buyer understands and accepts that the average process of refunding the amount to the credit card account by the bank after the Seller refunds the amount to the bank can take 2 (two) to 3 (three) weeks and that any delay is related solely to the bank processing.
7.13. The number of products the Buyer can order may be restricted by announcements on the Platform. If the Buyer tries to order more than the specified quantity, the order may be blocked or canceled. Payments made for canceled orders, including delivery costs, if any, will be refunded within the legal period. The Buyer acknowledges and accepts these conditions.
7.14. The Buyer will be responsible to the bank in case of default on credit card transactions and agrees to indemnify the Seller for damages due to delay or non-performance.
7.15. The Parties accept the addresses specified in Article 1 of this Contract as valid notification addresses and accept all notifications sent to these addresses as valid.
7.16. The Buyer may submit all kinds of requests and complaints under the Contract to the Seller’s contact addresses specified here or send messages through the Platform communication channels.
ARTICLE 8- RIGHT OF WITHDRAWAL
8.1. The Buyer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. The parties accept that Article 9 of the Regulation shall apply in determining the withdrawal period.
8.2. In cases where the withdrawal right can be exercised, a written notification must be made to the Seller within fourteen days. The address, fax number, and e-mail for withdrawal notification are specified in Article 1 of this Contract.
8.3. The Buyer must return the goods to the Seller within fourteen days from the date of sending the withdrawal notification. For refunds under the Tax Procedure Law General Communiqué, it is mandatory to send the complete printed form available on the website signed by the Buyer or fill out the return section on the invoice completely, and to send the product in its original box, packaging, and accessories to the Seller without damage.
8.4. If the Buyer prefers to send the product to the Seller using the return code or contracted shipping customer number provided by the Seller, the shipping costs will be borne by the Seller.
8.5. The Seller shall refund all payments received including delivery costs if any, to the Buyer, using the payment method preferred by the Buyer within fourteen days from the date the Seller receives the withdrawal notification without any extra cost.
8.6. According to Article 15 titled “Exceptions to the Right of Withdrawal” of the Regulation, the Buyer cannot use the right of withdrawal in the following cases:
a) Contracts related to goods or services with prices dependent on financial market fluctuations not controlled by the seller or supplier,
b) Contracts related to goods made according to consumer’s requests or personal needs,
c) Contracts for delivery of perishable goods or goods liable to expire quickly,
ç) Contracts related to goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those not suitable for return for health and hygiene reasons,
d) Contracts related to goods mixed with other products or inseparable by nature after delivery,
e) Contracts related to printed books, digital content and computer consumables if protective seals such as packaging, tape, seal have been opened after delivery,
f) Contracts for delivery of periodicals such as newspapers and magazines, except those provided under a subscription contract,
g) Contracts related to leisure activities such as accommodation, moving goods, car rental, food and beverage supply, entertainment or recreation to be performed on a certain date or period,
ğ) Contracts for services performed instantly online or intangible goods delivered instantly to the consumer,
h) Contracts for services begun with the consumer’s approval before the right of withdrawal period expires.
ARTICLE 9- PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RIGHTS
9.1. Personal identification, contact, customer transaction, and transaction security data of the Buyer, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698, may be processed and used by the Seller and/or persons within the same corporate group for order taking, product offering, resolving system issues, carrying out payment transactions, marketing activities – if previously approved – updating Buyer information, managing memberships, fulfilling this Contract and other agreements, and enabling technical, logistics, and other functions provided by third parties.
9.2. The Seller may send commercial electronic communications such as SMS/text messages, instant notifications, automated calls, emails, faxes, and other electronic means for promotion, advertising, communication, promotions, sales, and marketing of any Product, if the Buyer's commercial electronic consent exists, in accordance with applicable legislation.
9.3. Necessary security measures for information and transactions entered by the Buyer on the Platform are taken within Seller’s system infrastructure using current technological possibilities according to the nature of the data. However, since the data is entered from devices belonging to the Buyer, the Buyer is responsible for protection against viruses, malware, unauthorized access, and similar threats.
9.4. The Buyer undertakes that the data provided under this Contract are accurate and up-to-date and will update the information on the Platform if there is a change.
9.5. Intellectual and industrial property rights and ownership rights of all information and content belonging to the Platform including its modification, revision, and partial or full use belong to the Seller except for those of third parties according to Seller’s agreements.
9.6. Detailed information regarding personal data processed by the Seller on behalf of the Buyer can be found at https://zadevital.com.tr/ under the “PERSONAL DATA PROTECTION NOTIFICATION” section.
ARTICLE 10- FINAL PROVISIONS
10.1. In case of disputes arising from this Contract, the Buyer accepts that the Seller’s commercial books, computer records, and other documents shall serve as binding, conclusive, and exclusive evidence, constituting an evidence agreement as per Article 193 of the Code of Civil Procedure.
10.2. Consumer Arbitration Committees or Consumer Courts in the place where the Buyer purchased the Product/Service and resides have jurisdiction in accordance with the values and amounts announced by the Ministry in the implementation of this Contract.
10.3. This Contract consisting of 10 (ten) main articles is read and accepted by the Parties and entered into force on the transaction date by electronic approval of the Buyer. A copy of the Contract will be sent to the Buyer’s e-mail address.
SELLER :
BUYER :
DATE :