Distance Sales Contract
1. PARTIES
This Agreement has been signed between the parties listed below under the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as “BUYER” in this agreement)
The person who places an order on the wholesale.sabunaria.com shopping site as a customer. The address and contact information used during the order will be taken as the basis.
B. ‘SELLER’; (hereinafter referred to as “SELLER” in this agreement)
Title: Oxelera Natural Skincare
Address: Akşemsettin Mah. - Çakmak Sk. - No: 36A - Eyüpsultan / Istanbul - TURKEY
By accepting this agreement, the BUYER acknowledges that, if the order is approved, they will be obligated to pay the price of the order and any additional charges such as shipping fees and taxes, and that they have been informed about this in advance.
2. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product, the qualities and sales price of which are specified below, that the BUYER ordered electronically through the SELLER's website, in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts.
The prices listed and advertised on the site are the sale prices. The advertised prices and promises are valid until updated or changed. Periodically advertised prices are valid until the end of the specified period.
SELLER INFORMATION
Oxelera Natural Skincare
Akşemsettin Mah. - Çakmak Sk. - No: 36A - Eyüpsultan / Istanbul - TURKEY
Email: info@oxeleranatural.com
GENERAL PROVISIONS
4.1. The BUYER declares, accepts, and undertakes that they have read the basic characteristics of the product, the sales price, and preliminary information regarding payment and delivery on the SELLER’s website, and have confirmed the necessary information electronically. The BUYER also acknowledges, declares, and undertakes that they have accurately and completely obtained the address to be provided by the SELLER to the BUYER, the basic characteristics of the products ordered, the price of the products including taxes, and the payment and delivery information before the distance sales contract is established.
4.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the time frame indicated in the preliminary information section of the website, depending on the distance to the BUYER’s residence, without exceeding the 30-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
4.3. The SELLER undertakes, declares, and agrees to deliver the product subject to the contract completely, in accordance with the characteristics specified in the order, and with any guarantee documents, user manuals, and any necessary information and documents, to fulfill the job in accordance with legal requirements, without any defects, and to maintain and improve service quality while exercising necessary care and diligence in the performance of the job.
4.4. The SELLER may supply a different product of equal quality and price, after informing the BUYER and obtaining their explicit consent, before the duration of the performance obligation arising from the contract expires.
4.5. In the event that the performance of the obligation regarding the product or service ordered becomes impossible, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns of the situation, and to refund the total amount to the BUYER within 14 days.
4.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the payment for the product is not made for any reason and/or is canceled in bank records, the SELLER’s obligation to deliver the product will cease.
4.7. If, after the delivery of the product to the BUYER or the person and/or organization specified by the BUYER, the product price is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER accepts, declares, and undertakes to return the product to the SELLER within 3 days, with the shipping costs borne by the SELLER.
4.8. If the SELLER cannot deliver the product subject to the contract within the time limit due to force majeure, such as unforeseen events that hinder and/or delay the fulfillment of the obligations of the parties, the SELLER agrees, declares, and undertakes to notify the BUYER. The BUYER also has the right to request the cancellation of the order, replacement of the product with a similar one, and/or postponement of the delivery time until the obstructive condition is eliminated. In the event of cancellation of the order by the BUYER, for cash payments made by the BUYER, the product amount will be refunded in cash and in full within 14 days. For payments made by credit card, the product amount will be refunded to the relevant credit card within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the average process of the amount refunded to the credit card by the SELLER may take 2 to 3 weeks, and that any delay in reflecting this amount to the BUYER’s accounts after it has been refunded to the bank is entirely related to the bank's processing time, and therefore the BUYER cannot hold the SELLER responsible for possible delays.
4.9. The SELLER has the right to communicate with the BUYER through the address, email address, fixed and mobile phone numbers, and other contact information specified in the registration form on the site or updated later by the BUYER for communication, marketing, notifications, and other purposes. The BUYER acknowledges and declares that by accepting this agreement, the SELLER may engage in the communication activities mentioned above.
4.10. The BUYER will inspect the product/service before receiving it; they will not accept damaged or defective products/services, such as those that are dented, broken, or have torn packaging, from the courier company. It will be assumed that the received product/service is undamaged and intact. The obligation to carefully protect the product/service after delivery belongs to the BUYER. If the right of withdrawal will be exercised, the product/service must not be used. The invoice must be returned along with all its copies.
4.11. If the credit card holder used during the order is not the same as the BUYER or if a security breach related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the statement for the previous month's statement of the credit card used in the order, or a letter from the bank indicating that the credit card belongs to the holder. The order will be suspended until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
4.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER’s website is accurate, and that they will compensate the SELLER for all damages incurred due to any inaccuracies in this information immediately and in cash upon the SELLER's first notice.
4.13. The BUYER agrees and undertakes to comply with the provisions of the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and penal liabilities arising will be entirely and exclusively the responsibility of the BUYER.
4.14. The BUYER cannot use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, or for illegal purposes, infringing upon the material and moral rights of others. Additionally, they cannot engage in activities (spam, virus, Trojan horse, etc.) that would prevent or hinder the use of the services by other members.
4.15. Links may be provided from the SELLER’s website to other websites and/or content owned and/or operated by third parties, which are not under the SELLER’s control. These links are placed for the convenience of directing the BUYER and do not endorse any website or the person operating that site, and do not provide any guarantee regarding the information contained on the linked website.
4.16. Members who violate one or more of the items listed in this agreement will be personally liable for this violation and will exempt the SELLER from any legal and penal consequences of these violations. Furthermore, in the event that this violation is brought before the legal authorities, the SELLER reserves the right to claim compensation from the member for the non-compliance with the membership agreement due to this violation.
RIGHT OF WITHDRAWAL
5.1. If the distance contract pertains to the sale of goods, the BUYER may withdraw from the contract within 14 (fourteen) days from the delivery date of the product to themselves or to the person/organization at the address indicated, without assuming any legal and penal responsibility and without providing any justification, by notifying the SELLER. For distance contracts related to service provision, this period begins from the date the contract is signed. In service contracts where the service has started with the consumer's approval before the withdrawal period expires, the right of withdrawal cannot be exercised. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.
5.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail with return receipt, fax, or email within 14 (fourteen) days, and the product must not have been used within the framework of the provisions set forth in this agreement under "Products for Which the Right of Withdrawal Cannot Be Exercised." In the event of exercising this right:
a) The invoice of the product delivered to a third 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 during the return process. Returns of orders invoiced to corporations cannot be completed unless a RETURN INVOICE is issued.)
b) The return form.
c) The products to be returned must be delivered complete and undamaged, along with their boxes, packaging, standard accessories (if any), and any products provided.
d) The SELLER is obliged to refund the total amount and any documents obligating the BUYER within a maximum of 10 days from the date the withdrawal notification reaches them, and to receive the returned goods within 20 days.
e) If there is a decrease in the value of the goods or if the return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obliged to compensate the SELLER for their losses in proportion to the fault. However, the BUYER is not responsible for changes and damages that occur due to proper use of the goods or products during the withdrawal period.
f) If exercising the right of withdrawal results in falling below the campaign limit amount set by the SELLER, the amount of discount enjoyed within the campaign will be canceled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products that are prepared according to the BUYER's request or explicitly based on personal needs and are not suitable for return, such as makeup products, single-use products, innerwear, swimwear and bikini bottoms, goods that are likely to spoil quickly or have an expiration date, products that cannot be returned due to health and hygiene reasons once the packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, electronic services performed instantly, or intangible goods delivered to the consumer immediately, and the return of audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables is not possible if their packaging has been opened by the BUYER according to the Regulation. Additionally, it is also not possible to use the right of withdrawal for services that have started to be performed with the consumer's approval before the withdrawal period expires.
For cosmetics and personal care products, innerwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and tapes, as well as stationery supplies (toner, cartridge, ribbon, etc.), the packaging must be unopened, untried, undamaged, and unused for returns to be accepted.
DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults when making payments by credit card, they accept, declare, and undertake that they will pay interest in accordance with the credit card agreement with the issuing bank and that they will be responsible to the bank. In this case, the relevant bank may resort to legal means; they can demand arising costs and attorney fees from the BUYER and, in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes to compensate the SELLER for any damages and losses incurred due to the delayed performance of the debt.
EFFECTIVENESS
When the BUYER completes the payment for the order placed through the Site, it is deemed that they have accepted all terms of this contract.
The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER before the order is completed.