DISTANCE SALES AGREEMENT
DISTANCE SALES AGREEMENT
ARTICLE 1- PARTIES
1. 1. Identity, contact and trade information of the parties.
Title: EMP SAĞLIK HİZMETLERİ A.Ş.
Address: KÜÇÜKBAKKALKÖY Mah. YENİDOĞAN Cad. no :25-A Ataşehir/Istanbul
Phone: +90 0541 345 07 22
Email: [email protected]
Mersis Number: 0334111875900001
All members, all buyers who become members and shop on emphair.com, the e-commerce store of EMP SAĞLIK HİZMETLERİ (Hereinafter referred to as “BUYER” or “CUSTOMER”).
1.2. When the contract for the service subject to the contract is approved, the buyer undertakes to bear the costs such as service fee, cargo fee, tax payment arising from this contract.
ARTICLE 2- SUBJECT
2.1. The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Turkish Code of Obligations and the Regulation on Distance Contracts regarding the sale, performance, return, dispute situations of the service whose qualifications are valid, and the sales price is stated below and on the SERVICE PROVIDER’s website www.emphair.com. electronically approved.
2.2. The BUYER hereby accepts that he has read and understood this contract in accordance with the Turkish Code of Obligations, has examined the text of the contract and approved it with his free and open will. Within the framework of this information, you have completed the service contract, the campaign information and details regarding the service are shared on the site in accordance with the environment and you have chosen the service within the framework of this information, you have read the text of this contract and the address and title of the SERVICE PROVIDER, the characteristics of the service subject to the contract, the service fee including tax, the payment method. declares and undertakes that it has learned its obligations arising from the contract.
2.3. The contract is deemed to have been concluded when the BUYER reads and approves the distance sales contract and the contract price is transferred to the account of the SERVICE PROVIDER and ends with the delivery of the selected service.
ARTICLE 3- INFORMATION REGARDING THE CONTRACT PRODUCT AND PAYMENT
3.1. The contractual service is within the scope of prepayment and its information is clearly stated on the SERVICE PROVIDER’s website. By approving this contract, the BUYER accepts that he has read and learned the information and features of the service from the website of the SERVICE PROVIDER in detail. If the service is within the scope of a campaign, the conditions and dates of the said campaign are shared among the information regarding the service, and the date and time when the BUYER approves the order after reading and accepting the provisions of this contract are taken into account. The time and method of payment are specified in the continuation of this contract, and a payment plan has been established in line with the explicit will of the parties.
3.2. When the BUYER approves this contract electronically, he is obliged to pay the portion of the service fee notified by the service provider as a service prepayment. If the full payment is not made within the specified period, the contract will be deemed to have been terminated unilaterally by the BUYER and withdrawn from the contract. In such a case, the SERVICE PROVIDER records the service prepayment made by the BUYER as compensation for withdrawal and issues an invoice to the BUYER for the amount recorded as revenue/income. The BUYER accepts, declares and undertakes in advance that he will not demand a refund of the service fee for any reason.
3.3- Payment Method:
3.3.1. Transaction by Credit Card: In order for the BUYER to pay by credit card, the credit card information must be filled in completely and without errors in the relevant sections. Payment can be made by credit card at once or by dividing it into the number of installments that can be determined within the scope of the campaigns.
The order summary page contains information on how many installments the order amount can be paid.
By organizing campaigns, your bank can apply more installments than the number of installments you choose, and services such as deferral of installments can be offered. Such campaigns are at the discretion of your bank, and if the SERVICE PROVIDER has knowledge, information about the campaigns will be provided on the website.
Your bank will divide the service amount by the number of installments starting from the cutoff date of your credit card and reflect it on your credit card summary. The bank cannot distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
On the other hand, the BUYER accepts, declares and undertakes that he will confirm the relevant interest rates and the information regarding the default interest separately from the Bank, since the sales in installments are made only with the credit cards of the Banks. It accepts and undertakes 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 current legislation.
ARTICLE 4- RIGHT OF WITHDRAWAL
4.1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER, he can use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
4.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product has not been used within the framework of the provisions of the “Products for which the Right of Withdrawal cannot be exercised” in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 days at the latest from the receipt of the withdrawal notification. The BUYER is also obliged to return the goods within 10 days.
e) If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses at the rate of the BUYER’s fault.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
4.3. Products for which the Right of Withdrawal cannot be exercised
The right of withdrawal cannot be exercised for goods that are likely to expire, if their packaging is opened by the BUYER after delivery to the BUYER, products that are not suitable for return in terms of health and hygiene, products that are mixed with other products after delivery and cannot be separated due to their nature. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
In order for personal care products, treatment / care and support products to be returned, their packaging must be unopened, untested, intact and unused.
ARTICLE 5- GENERAL PROVISIONS
5.1. With this contract, the BUYER examines the service subject to the contract on the website and accepts it with the specified features, that he will make the payment in accordance with the terms of the service, that the information he has given is correct, otherwise he is responsible for the problems to be experienced and gives the necessary confirmation in the electronic environment.
5.2. The SERVICE PROVIDER undertakes that it will fulfill the obligations imposed on it by the Turkish Code of Obligations and the Regulation on Distance Contracts, except for force majeure, and that the service subject to this contract will be arranged in accordance with the following features.
5.3. The content of the service may change during the service, depending on the team dynamics of the SERVICE PROVIDER or for any other reason. The SERVICE PROVIDER reserves the right to change the service day, time, place and doctor specified in the program. In both cases, the BUYER has no right to return. However, if this right is used by the BUYER, priority will be given to the availability of the SERVICE PROVIDER and the refund of the fee will be considered as a last resort.
5.4. The parties accept that the provisions of the Agreement do not have a feature that can be considered unfair and that there is no injustice in terms of the balance of interests.
5.5. It is clearly stated whether taxes will be included in the contract price of the service. The payment of taxes belongs to the BUYER in any case, and this amount will be included in the total price to be paid and will be collected from him.
5.6. In case the BUYER cannot be reached through the information provided by the BUYER, the SERVICE PROVIDER may terminate this agreement by specifying the details on the site so that both parties are not harmed.
5.7. The SERVICE PROVIDER will only be able to understand whether the BUYER has the capacity to conclude a contract due to the content of the distance service sales contract, with the information it shares on the site and the approvals it has made. For this reason, the SERVICE PROVIDER is not responsible for any damages that may arise due to the person who approves this contract not having the capacity to conclude a contract. For this reason, the SERVICE PROVIDER cannot be held responsible and cannot be expected to bear the non-payment of the required payment, and in these cases, the BUYER and its legal representative are responsible.
5.8. In order for the BUYER to receive the service subject to the Contract, the price of this contract must be paid in the form of payment preferred by the BUYER. If the service fee is not paid for any reason or is canceled in the bank records, the SERVICE PROVIDER is deemed to be relieved of its obligation to provide service.
5.9. In the event that the relevant bank or financial institution does not pay the service fee to the SERVICE PROVIDER due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons, which is not due to the BUYER’s fault, the SERVICE PROVIDER’s obligation to provide services ends.
5.10. If the SERVICE PROVIDER for any reason thinks that it cannot provide the service subject to the service contract on the promised date, it shall immediately notify the BUYER of this situation and may request that the service be postponed to another date when possible. In this case, the BUYER accepts, declares and undertakes that he will not make any claims such as termination of the contract or refund under any name.
5.11. The BUYER agrees to send the campaign information and advertisements to the phone and e-mail addresses shared with the SERVICE PROVIDER. If he wants to stop sharing this information with the SERVICE PROVIDER, he can contact the SERVICE PROVIDER and request that the information sharing be stopped.
5.12. The BUYER shows the care expected from him while using the website he communicates with the SERVICE PROVIDER and during the service subject to the service contract. He is responsible for the problems and troubles that may occur during the use of the site and accepts that the SERVICE PROVIDER has no criminal or legal responsibility.
5.13. Access to the website where the SERVICE PROVIDER promotes and sells its products and services can be provided by sharing a link over the websites designed and used by third parties. In such cases, the SERVICE PROVIDER is not responsible for the security of links shared on third-party sites. The BUYER is responsible for the losses incurred by the BUYER as a result of the links it visits, thinking that it belongs to the SERVICE PROVIDER. If there are differences between the advertisements on these sites and the promotions on the SERVICE PROVIDER’s own site, the buyer agrees that the promotions on the SERVICE PROVIDER’s own site will be taken as a basis.
5.14. The BUYER cannot share anything that will disturb the SERVICE PROVIDER and third parties and harm their personal rights, cannot use the site for other than its legal purpose, cannot download any transmitter, virus, program or similar virtual malicious software through the site. The BUYER accepts and undertakes that he will be responsible for any damages that may arise in such cases. In the event that the SERVICE PROVIDER takes legal action for such damages, the BUYER will still be responsible.
5.15. The BUYER cannot expect a tax deduction from the SERVICE PROVIDER and cannot claim that the tax that will arise during the sale of the service will not be paid by him.
5.16. Your address at the beginning of this Agreement will be considered as your legal residence address, and all notices and notifications to be made by the SERVICE PROVIDER to you due to this Agreement will be made to your residence address or e-mail address specified above. If you do not notify the SERVICE PROVIDER in writing of any change in your residential address or e-mail address within 7 (seven) days, any notification to these addresses will have all legal consequences of a valid notification.
ARTICLE 6-Force Majeure
Situations that do not exist or unforeseen at the date of signing the contract, develop beyond the control of the parties and make it impossible for one or both of the parties to fulfill their obligations and responsibilities arising from the contract partially or completely, or the failure to fulfill them on time due to force majeure (natural disaster, war, terrorism, riot, epidemic, etc.). ) will be considered as status. In the event of force majeure, the party shall notify the other party immediately and in writing. During the continuation of the force majeure, the parties cannot be held responsible for not fulfilling their obligations. This force majeure situation does not give the parties the right to terminate the contract and request a refund to the BUYER.
ARTICLE 7 – EVIDENCE AGREEMENT
The BUYER, in case of disputes that may arise from this contract, shall state that the official books and commercial records, electronic information and computer records in the database and servers of the SERVICE PROVIDER shall constitute binding, final and exclusive, and that this article shall constitute an evidential contract within the meaning of Article 193 of the Code of Civil Procedure. acknowledges, declares and undertakes that
ARTICLE 8- DISPUTES AND AUTHORIZED COURT
In disputes that may arise from this contract; Istanbul Anatolian Courts and Enforcement Offices, courts and enforcement offices to be determined taking into account the location of the company headquarters to be served are authorized. The applicable law is Turkish Law.
This contract has been read by the parties and signed electronically by the BUYER on the date of the transaction and has started to become valid.