Distance Sales Contract
PLEASE, in accordance with the relevant law, please print and read the following contract text in 12 point and bold font. In addition; every buyer who shops on our website is deemed to have read and accepted all the articles of our sales contract below, which has been drawn up by us, without the need for further notice.
ARTICLE 1 - PARTIES TO THE AGREEMENT
SELLER: VITISFERA KOZMETİK SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: Atatürk Mah. Turgut Özal Blv. Ağaoğlu Sky Towers A Blok No: 2 A İç kapı No: 141 Ataşehir/İstanbul
Phone: 0533 374 23 40
Email: info@vitisfera.co
RESIPIENT: Customer (The buyer is the person who makes purchases from the seller's website, https://vitisfera.co. The address and contact information provided by the buyer on the invoice and contact information will be used as the basis.)
By accepting this agreement, the BUYER acknowledges and agrees that if they approve the order subject to this agreement, they will be obligated to pay the order amount and any additional fees such as shipping costs and taxes, and that they have been informed of this obligation in advance.
ARTICLE 2 - SUBJECT OF THE AGREEMENT:
The subject matter of this agreement is the sale and delivery of goods/services that meet the specifications mentioned in the agreement and are sold at the price specified in the agreement, which the Buyer has ordered electronically from the Seller's website www. co website, and the determination of the parties' rights and obligations in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.
The buyer acknowledges and declares that they are aware of all preliminary information regarding the goods/services subject to sale, including their basic characteristics, sale price, payment method, delivery conditions, etc., as well as their right of withdrawal, that they have confirmed this preliminary information electronically, and that they have subsequently ordered the goods/services in accordance with the provisions of this contract. Similarly, products whose protective elements such as packaging, tape, or wrapping have been opened after delivery cannot be returned for health and hygiene reasons, and therefore the right of withdrawal cannot be exercised under any circumstances. Opening the product packaging is an exception to the right of withdrawal.
The prices listed and advertised on the website are the selling prices. The advertised prices are valid until they are updated or changed. If a product is advertised for a limited time, the advertised price will be valid until the end of the specified period.
The buyer accepts and undertakes that the data entered into the system either when registering on the site or during the purchase process belongs to them or that they have permission to use and share it, and that they will not enter any data into the system that does not belong to them or that they do not have the right to use, otherwise they will be solely responsible. The preliminary information and invoice on the payment page of www.vitisfera.co are integral parts of this contract. Upon placing an order, the Buyer is deemed to have accepted all terms of this agreement. The prices listed and advertised on the site are the selling prices. The advertised prices and offers remain valid until updated or modified. Prices advertised for a specific period remain valid until the end of the specified period.
ARTICLE 3 - DATE OF THE AGREEMENT, DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE OF THE AGREEMENT, AND DELIVERY METHOD:
This agreement was drawn up on the date the order was placed by the Buyer. The goods/services will be delivered to the Customer at the address specified by the Buyer. Packages that appear to have been damaged during shipping must be opened and inspected in the presence of a representative of the delivery company. If there is any damage to the product, it should not be accepted, and a report should be filed with the shipping company. If no report is filed, the BUYER shall be deemed to have accepted that the shipping company has fully fulfilled its obligations after the product has been delivered.
ARTICLE 4. GENERAL PROVISIONS
4.1. The BUYER acknowledges that they have read and understood the preliminary information regarding the basic characteristics of the products displayed on the WEBSITE, the sales price, payment method, and delivery, and that they have provided the necessary confirmation for electronic sales.
4.2. The PRODUCT shall be delivered to the delivery address specified by the BUYER on the WEBSITE, packaged and intact with its invoice, within a maximum of 30 days.
4.3. If the PRODUCT is to be delivered to a person/entity other than the BUYER, the SELLER shall not be held liable for the person/entity's refusal to accept the delivery.
4.4. The BUYER is responsible for inspecting the PRODUCT upon delivery and, if any issues arising from the shipment are detected, for refusing to accept the PRODUCT and having the shipping company representative prepare a report. Otherwise, the SELLER shall not accept any liability.
4.5. The Contract approved by the BUYER during the purchase process on the WEBSITE is sufficient and valid in all cases.
4.6. Unless otherwise specified in writing by the SELLER, the BUYER must have paid the full price of the PRODUCT before receiving it. If the PRODUCT price is not paid to the SELLER before delivery, the SELLER may unilaterally cancel the contract and refuse to deliver the PRODUCT.
4.7. If, for any reason after the delivery of the PRODUCT, the bank/financial institution associated with the credit card used for the transaction fails to pay the PRODUCT price to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses borne by the BUYER. The SELLER's right to collect the PRODUCT price, including the right to pursue legal action, is reserved in all cases. For the avoidance of doubt, installment payment options provided by banks and financial institutions, such as credit cards, installment cards, etc., provided by banks and financial institutions such as credit cards, installment cards, etc., are a credit and/or direct installment payment option provided by the aforementioned institution; within this framework, PRODUCT sales for which the SELLER has collected the full price are not considered installment sales but cash sales for the parties to this Agreement. The SELLER's legal rights in cases where installment sales are legally recognized (including the right to terminate the contract and/or demand payment of the remaining debt in full with default interest in the event of non-payment of any installment) remain valid and reserved. In the event of the BUYER's default, a default interest rate of 5% per month shall apply.
4.8. If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances (such as adverse weather conditions, earthquakes, floods, fires, etc.) outside of normal sales conditions, and the delay exceeds 10 days, the SELLER shall inform the BUYER regarding the delivery. In such cases, the BUYER may cancel the order, order a similar product, or wait until the extraordinary circumstances have ended. If the PRODUCT price has been collected, it shall be refunded to the BUYER within 10 days of cancellation. In the case of credit card payments, the refund shall be made to the BUYER's credit card or bank account.
4.9. The BUYER may communicate any requests or complaints regarding the PRODUCT and the sale to the SELLER through the communication channels specified in the introductory section of the Agreement.
4.10. Payment of the product price in the payment method preferred by the BUYER is a condition for the delivery of the product subject to the Agreement. If the product price is not paid for any reason or is canceled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the product.
4.11. The SELLER has the right to contact the BUYER for communication, notification, and other purposes via the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the registration form on the website or subsequently updated by the BUYER, through letters, emails, SMS, phone calls, and other means. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed at the BUYER. The BUYER's rights set forth in the Information Text and Privacy Policy on the Site are reserved.
4.12. The BUYER hereby accepts and undertakes to comply with the provisions of the applicable legislation while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities arising therefrom shall be borne solely and exclusively by the BUYER.
ARTICLE 5 - RIGHT OF WITHDRAWAL
You can return the order you receive without opening the SELLER product box within 14 days with customer service approval. After your order arrives at our return warehouse, it will be inspected, and once it is confirmed unopened, your refund will be processed to your bank.
If you believe a package has been damaged during shipping, open and inspect it in the presence of the shipping company representative before accepting delivery. If the product is damaged, do not accept delivery and have the shipping company prepare an incident report. Please note that by not having an incident report prepared, you acknowledge that the shipping company has fulfilled its obligations upon delivery of the product.
If any damage, breakage, destruction, tearing, use, or similar conditions are detected in the product, and the product is not returned in the same condition as when it was delivered to the customer, the product will not be accepted for return and the cost will not be refunded.
If you return the product, your return will be processed within seven (7) business days from the time the product reaches the company.
Credit card refunds will be processed within five (5) business days after the return is approved. Your bank may not reflect credit card refunds in your account during the same billing period. In this case, you will need to contact your bank's credit card service.
ARTICLE 6 - PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
The information specified by the BUYER in this Agreement and the information provided to the SELLER for payment purposes will not be shared with third parties other than the shipping company contracted by the SELLER. If the SELLER is required to disclose such information within the framework of administrative or legal obligations, the BUYER shall not hold the SELLER liable. The SELLER declares that it will process the personal data of the BUYER, who is a party to this Agreement, in accordance with the primary and secondary obligations arising from Law No. 6698 for the purpose of establishing and performing this Agreement, and that it will take sufficient technical and administrative measures to prevent the unlawful processing, access, or disclosure of the personal data obtained from the BUYER, and to ensure data security for its preservation, and declares that sufficient technical and administrative measures have been taken in this regard. The SELLER shall also delete, destroy, or anonymize data for which the processing purpose has ceased, in accordance with the time periods stipulated in other laws. By approving this Agreement, the BUYER acknowledges, declares, and undertakes that they have been informed in accordance with Law No. 6698 regarding the processing of personal data by the SELLER, within the scope of the Information Text.
ARTICLE 7 - EVIDENCE AGREEMENT, COMPETENT COURT AND ENFORCEMENT
In the resolution of any disputes arising from this Agreement and/or its implementation, the SELLER's records (including magnetic media records such as computer and audio recordings) shall constitute conclusive evidence; Consumer Arbitration Committees shall have jurisdiction up to the value announced by the Ministry of Science, Industry and Technology, and in cases exceeding this value, the Istanbul Anatolia Consumer Courts and Enforcement Offices shall have jurisdiction.
The BUYER hereby declares, acknowledges, and undertakes that they have read all the terms and conditions and explanations set forth in this Agreement and the order form, which constitutes an integral part thereof, that they have received and reviewed the sales conditions and all other prior information, and that they accept all of them in full.
The BUYER is deemed to have accepted all the terms of this contract when they make the payment for the order placed on the Site. The SELLER is obligated to make the necessary software arrangements to obtain confirmation that the BUYER has read and accepted this contract on the site prior to the order being placed.