Article 1- PARTIES TO THE CONTRACT

One Party to this Agreement;

SELLER

Title: DS FARMA PHARMACEUTICALS MEDICINES MEDICAL COSMETICS SAN. TİC. LTD. ŞTİ.
Address Kazımkarabekir Mh. 4th Mountain Sok. No: 13 K: 1 Yildirim / BURSA

Telephone: 0224 271 43 85

Email: ds@dsfarma.com

The Other Side

RECIPIENT

Name/Surname/Title:
Address:
Phone:
Email:

Article 2: SUBJECT.

The subject of this contract is to determine the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts published in the Official Gazette No. 29188 on November 27, 2014 and all other legal regulations and practices: 29188 published in the Official Gazette dated November 27, 2014 and the provisions of the Regulation on Distance Contracts and all other legal regulations and practices in accordance with the determination of the rights and obligations of the parties. BUYER, basic qualities of the products subject to sale, sales price, payment method, delivery conditions, etc. It accepts and declares that it has information about all preliminary information about the product subject to sale and the right of withdrawal, confirms this preliminary information electronically and then orders the product, in accordance with the provisions of this contract. The preliminary information and invoice on www.dsfarma.com are integral parts of this contract. As soon as the order is realized, the BUYER is deemed to have accepted all the terms of this contract.

Article 3: PRODUCTS SUBJECT TO THE CONTRACT

The type, type, quantity, model, model, color, sales price, delivery information of the product(s) are as follows. For example

Article 4: DELIVERY COSTS AND PERFORMANCE

The SELLER, on the website, the delivery cost announced by the SELLER belongs to the BUYER (Except for Free Shipping Campaigns). Even if the BUYER is not present at the address of the BUYER at the time of delivery, the SELLER shall be deemed to have fulfilled its performance in full and in full. For this reason, any damage caused by the late receipt of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the seller also belong to the BUYER. Delivery is made as soon as possible after the stock is available and the product price is transferred to the SELLER`s account. The SELLER delivers the product within 30 (Thirty) days from the order and reserves the right to extend the additional 10 (ten) days with written notification within this period. If the SELLER cannot deliver the product subject to the contract within the period due to stock depletion and similar commercial impossibilities, unexpected circumstances, force majeure or extraordinary circumstances such as weather opposition that prevents transportation, interruption of transportation, it is obliged to notify the BUYER. For the delivery of the product subject to the contract, a signed copy of this contract must be delivered to the SELLER and the price must be paid with the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

Article 5: BUYER’S DECLARATIONS AND COMMITMENTS

The BUYER shall inspect the product subject to the contract before receiving the product subject to the contract, dents, broken, torn packaging, etc. will not receive the damaged and defective product from the cargo company. The delivered product shall be deemed to be undamaged and intact. The obligation to carefully protect the product after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product must not be used, the invoice must be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal is covered by the BUYER. After the delivery of the product, if the bank or financial institution does not pay the product price to the Seller due to the unfair or unlawful use of the credit card of the BUYER by unauthorized persons in a way that is not caused by the fault of the BUYER, the BUYER is obliged to send the product to the Seller within 3 (three) days, provided that it has been delivered to him. In this case, delivery expenses belong to the BUYER. In addition, the BUYER accepts that the delivery made to the address shown by the BUYER and the person at the time of delivery at this address will be deemed to be delivery to the BUYER.

Article 6: SELLER’S DECLARATIONS AND COMMITMENTS

The Seller is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order. If the product subject to the contract will be delivered to a person / organization other than the BUYER, the Seller cannot be held responsible for the person / organization to be delivered not accepting the delivery. Except for the products where the Right of Withdrawal cannot be used as explained in detail in Article 11 of the contract, the Seller undertakes that the BUYER has the right to withdraw from the contract by refusing the product within 7 (seven) days from the date of receipt of the product or signing of the contract without any legal and criminal liability and without any justification, and to take back the product from the date of receipt of the withdrawal notification to the seller or provider. The seller shall return the product price and, if any, the negotiable instruments within 7 (seven) days after the withdrawal declaration reaches him. It takes back the product within 7 (seven) days. The Seller may, for justified reasons, supply the product of equal quality and price to the BUYER before the performance period in the contract expires. If the seller thinks that the delivery of the product is impossible, it notifies the BUYER before the contract expires. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery period until the preventive situation disappears. If the BUYER cancels the order, the price paid and the documents, if any, are returned within 7 (seven) days. Products that are defective or defective from the products sold with or without a warranty certificate can be sent to the Seller for the necessary repair within the warranty conditions, in which case the delivery expenses will be covered by the Seller.

Article 7: CHARACTERISTICS OF THE PRODUCT SUBJECT TO THE CONTRACT

The type and type of the Product, the Quantity and the Sale Including All Taxes are as stated in the information on the product introduction page on the website www.keyfitatkuruyemis.com and in the invoice, which is considered an integral part of this contract. The Seller is not responsible for price update errors caused by technical reasons.

Article 8: PRICE OF THE PRODUCT

The cash price of the product is included in the invoice.

Article 9: PAYMENT PLAN

The BUYER accepts, declares and undertakes that the BUYER will confirm the relevant interest rates and default interest information from the bank separately, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the provisions of the legislation in force. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER. The BUYER can also follow the number of installments and payments from the account statement sent by the bank.

Article 10: RIGHT OF WITHDRAWAL

Except for the products for which the Right of Withdrawal cannot be exercised as described in detail in Article 11 of the contract, the BUYER may exercise the right of withdrawal within 7 (seven) days from the delivery of the product subject to the contract to him or the person / organization at the address indicated. In order to exercise the right of withdrawal, the Seller must be notified by fax, e-mail or telephone within the same period and the product must not be one of the products for which the right of withdrawal cannot be used within the framework of the provisions of Article 11 of this contract and the package must not be opened and consumed in accordance with the preliminary information that is an integral part of this contract and accepted by the BUYER on the www.keyfitatkuruyemis.com website. If this right is exercised, the original invoice for the product delivered to the 3rd person or the BUYER must be returned. Within 7 (seven) days following the receipt of the notice regarding the right of withdrawal, the product price is returned to the BUYER and the product is returned within 7 (seven) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal is covered by the Seller.

Article 11: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

For products within the framework of the provisions of Law No. 6502 and the exceptions to the right of withdrawal specified in paragraphs (c) and (ç) of Article 15 of the Regulation;

“ARTICLE 15 – (1)

c) Contracts for the delivery of perishable or expired goods.

ç) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of those whose return is not suitable in terms of health and hygiene.” The right of withdrawal will not be used.

Article 12: DELINQUENCY AND LEGAL CONSEQUENCES

If the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made 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 fees from the BUYER and in any case, if the BUYER defaults due to the BUYER’s debt, the BUYER agrees to pay the damage and loss of the Seller due to the delayed performance of the debt.

Article 13: DELIVERY OF THE PRODUCT, PLACE OF EXECUTION OF THE CONTRACT AND METHOD OF DELIVERY

The product will be delivered to the person named …………. by the cargo company authorized by the cargo company at …………, where the BUYER has requested delivery.

Article 14: GENERAL PROVISIONS

14.1 The BUYER declares that he / she has read and informed the basic features of the product / s, sales price, payment method, delivery and other preliminary information on the SITE and that he / she has given the necessary confirmation electronically in these matters.

14.2. By confirming the preliminary information electronically, the BUYER / Consumer confirms that before the conclusion of distance contracts, the BUYER / Consumer, address, basic features of the product / s ordered, the price of the product / s in Turkish Lira including taxes, payment and delivery information is also accurate and complete.

14.3. The product(s) subject to the contract shall be delivered to the BUYER or the person / organization at the address indicated by the BUYER within 3 business days described in the preliminary information on the SITE, depending on the distance of the BUYER’s settlement for each product, provided that it does not exceed the 30-day legal period.

14.4. The shipping fee other than the conditions determined by the www.keyfitatkuruyemis.com website shall be paid by the BUYER. The SELLER cannot be held responsible under any name and name due to any problems that the cargo company may encounter during the delivery of the product to the BUYER and for other reasons not caused by the SELLER, the SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER.

14.5. The SELLER is responsible for the delivery of the product(s) subject to the contract intact, complete, with the qualifications specified in the order, with warranty documents and user manuals, if any.

14.6. The SELLER may supply different product(s) of equal quality and price by informing the BUYER and obtaining his/her explicit consent before the contractual performance obligation expires.

14.7. If the SELLER cannot fulfill its obligations under the contract in the event that it becomes impossible to fulfill the delivery of the product / s subject to the order, it notifies the BUYER / Consumer before the expiration of the contractual performance obligation and returns the total amount collected in cash and in cash to the BUYER within 10 days.

14.8. For the delivery of the product(s), the preliminary information form must be confirmed electronically. If for any reason the price of the product(s) is not paid or canceled in the bank records, the SELLER is released from the obligation to deliver the product.

14.9. After the delivery of the product(s), if the bank or financial institution does not pay the price of the product(s) to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons in a way not caused by the BUYER’s fault, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to him. In this case, transportation expenses belong to the BUYER. Otherwise, the BUYER accepts, declares and undertakes that the SELLER will apply all kinds of ways in order to compensate the amount of the product together with interest.

14.10. If the SELLER cannot deliver the product(s) subject to the contract within the period due to force majeure, weather opposition preventing delivery, interruption of transportation and other extraordinary circumstances, it will notify the BUYER of this situation. In this case, the BUYER may exercise one of the rights to (i) cancel the order, (ii) replace the product(s) subject to the contract with its equivalent, if any, and / or (iii) postpone the delivery period until the force majeure / preventive situation disappears. If the BUYER cancels the order, the total amount paid by the BUYER shall be paid to him in cash and in lump sum within 10 days. In the payments made by the BUYER by credit card, the amount of the product / s shall be returned 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 the return of this amount to the bank is entirely related to the bank transaction process, the BUYER knows and accepts that it will not be possible for the SELLER to intervene in any way for possible delays and that the time it will take for the amount returned to the credit card by the SELLER to be reflected by the bank to the BUYER’s account is not the responsibility of the SELLER.

14.11 In cases where the BUYER uses the right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where it is decided to refund the price to the Consumer with the decisions of the arbitration committee, if the shopping is made by credit card and in installments, the credit card refund procedure is stated below:

14.12 In product returns, except for defective product returns, only the product price is refunded and there is no refund of the shipping fee paid during the order. In cases where your order amount falls below the free shipping limit as a result of the product return, the shipping fee incurred according to the total amount resulting from the return will be deducted from the refund amount and the remaining balance will be paid.

14.13 The Bank may reimburse the BUYER in installments and in the number of installments in which the BUYER purchases the product. After the SELLER pays the full amount of the product price to the bank at one time, in the event that the installment expenditures made from the Bank poses are returned to the BUYER’s credit card, the requested refund amounts may be transferred to the bearer party accounts by the Bank in installments in order to prevent the parties involved in the matter from being victimized. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 refund will be reflected on the card every month and the BUYER will receive the installments paid before the return after the installments of the sale are over, and the number of installments paid before the return will be received for another month and may be deducted from the existing debts.

14.14 In case of the return of goods and services purchased by Credit Card, the SELLER cannot pay the Customer in cash in accordance with the contract it has made with the Bank. The return to the credit card can be made by the Bank in accordance with the above procedure after the SELLER pays the price to the Bank at one time.

14.15 In door-to-door payment and money order / EFT payment options, the refund will be made in the form of money order and / EFT to the account specified by the Consumer (the account must be in the name of the person whose name is written on the invoice) by requesting bank account information from the Consumer.

Article 15: COMPETENT COURT

In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the settlement of the BUYER or SELLER are authorized up to the value announced by the Ministry of Industry and Trade.

Article 16: ENFORCEMENT

If the order is realized, the BUYER is deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to ensure that the order cannot be placed without confirmation that the contract in question has been read and accepted by the BUYER on the site.