DISTANCE SALES AGREEMENT

DISTANCE SELLING AGREEMENT

1- PARTIES:

1.1- MERSİ KOZMETİK SANAYİ TİCARET PAZARLAMA LİMİTED ŞİRKETİ, with its headquarters at ACIBADEM MAH ŞAMFISTIĞI SOK NO.50 KADIKÖY/İSTANBUL (hereinafter referred to as the “SELLER”);

SELLER Phone: 0850 303 2280

SELLER e-mail: info@pelcare.com

SELLER Product Return Address: ACIBADEM MAH ŞAMFISTIĞI SOK NO.50 KADIKOY ISTANBUL

Mersis No: 0618071358800001

1.2- The internet user who shops from the Website serving at https://www.pelcare.com/ (hereinafter referred to as the “BUYER”).

BUYER Name/Surname/Title:

BUYER Address

BUYER Phone:

BUYER Email:

 

2- SUBJECT:

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection, the Regulation on the Principles and Procedures for the Application of Distance Contracts and related legislation, regarding the sale and delivery of the product/products whose details are specified below, ordered through the Website at https://www.pelcare.com/, owned by the SELLER.

3- PRODUCT:

The Type and Kind, Quantity, Brand/Model, Color, Sales Price and Delivery Information of the products are as follows.

Product:

Quantity:

 Sales Price:

 Shipping Fee:

Invoice Address:

 4- DELIVERY:

4.1- The product will be delivered to the BUYER's address by the cargo company contracted by the SELLER. The estimated delivery time will be notified by the SELLER after the order is received. The delivery period is a maximum of thirty (30) days from the date of sending the order confirmation email and the conclusion of the Agreement.

 4.2- The shipping fee will be paid by the BUYER unless otherwise committed by the SELLER during the order.

 4.3- In regions where the cargo company delivers once a week, in cases where there are errors or omissions in the shipping information, and in situations that the SELLER cannot prevent due to reasons beyond its control such as some social events and natural disasters, there may be delays in the specified delivery time. The SELLER cannot be held responsible for these delays. If the product is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible for situations that may arise from the person/organization to be delivered not accepting the delivery, errors in shipping information, and/or the BUYER not being at the address, and extra shipping costs. If the product/products have not reached the BUYER within the specified days, delivery problems should be immediately reported to customer service at 0850 303 2280 or info@pelcare.com. 

 4.4- The BUYER is obliged to check that the product ordered at the time of delivery is delivered in accordance with the invoice/delivery note and to sign the delivery note confirming receipt of the products and hand it over to the cargo company official. Damaged packages should not be accepted, and a report should be prepared by the Cargo Company official. If the cargo company official believes that the package is not damaged, it is the BUYER's responsibility to open the package there, check that the products are delivered undamaged, and request that the situation be recorded with a report. After the package is received by the BUYER, the cargo company is deemed to have fulfilled its duty completely. If a damaged package is not accepted and a report is prepared, the situation should be reported to the SELLER in writing as soon as possible, along with the copy of the report remaining with the BUYER.,

5- RIGHT OF WITHDRAWAL:

5.1- The BUYER has the right of withdrawal within 14 (Fourteen) days from the date of delivery of the product subject to the contract to him/her or to the person/organization at the address indicated by him/her. To exercise the right of withdrawal, it is essential that the BUYER notifies the SELLER by fax, e-mail or telephone within this period and that the product is suitable for return within the framework of the provisions of this article. In case of exercising this right, it is obligatory to return the original copies of all invoices, along with a copy of the cargo delivery report indicating that the product delivered to the third party or the BUYER has been sent to the SELLER. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. The shipping cost of the product returned due to the right of withdrawal will be covered by the SELLER. Otherwise, the right of withdrawal request will be deemed invalid. The BUYER can also exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods.

 5.2- The following periods are taken as basis for determining the right of withdrawal period;

- In the case of goods subject to a single order delivered separately, the day on which the consumer or the third party designated by the consumer receives the last good,

- In the case of goods consisting of more than one part, the day on which the consumer or the third party designated by the consumer receives the last part,

 - In contracts where the regular delivery of goods is made for a certain period, the day on which the consumer or the third party designated by the consumer receives the first good,

 5.3- Even if the BUYER's return request is accepted, used, opened, or spoiled products, and products unsuitable for return due to health and hygiene reasons, cannot be returned. In this context, products such as shampoo, shower gel, skin and hair care products (not limited to these) that are unsuitable for return due to health and hygiene reasons cannot be returned. For make-up and skincare products with a protective packaging, if the protective band is opened, the return process cannot be performed. If the products requested to be returned do not meet these conditions, the return approval will be canceled and the products will be sent back to the BUYER as "BUYER Paid" via the contracted cargo company.

5.4- In cases where products different from the BUYER's order or from the photo or descriptions on the website are delivered, the exercise of the right of withdrawal is conditional on the product's security label not being opened.

5.5- If the returned product received by the SELLER meets the conditions specified in this agreement, it will be accepted as a return, and the refund will be made to the BUYER's credit card/account. No refund will be made without the return of the product. The reflection period of refunds made to credit cards on credit card accounts is at the discretion of the relevant bank.

5.6- Pursuant to Article 15 of the Distance Contracts Regulation, titled "Exceptions to the Right of Withdrawal," the Buyer cannot exercise the right of withdrawal in the following cases.

- For goods or services whose price changes depending on fluctuations in financial markets and are not under the control of the seller or provider,

- For goods prepared in line with the consumer's wishes or personal needs,

- For the delivery of goods that are perishable or whose expiration date may pass,

- For goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; for products such as shampoo, shower gel, skin and hair care products that are unsuitable for return due to health and hygiene reasons,

- For goods that mix with other products after delivery and cannot be separated due to their nature,

- For books, digital content and computer consumables presented in a material environment, if their protective elements such as packaging, tape, seal, package have been opened after delivery,

- For the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement,

- In cases where accommodation, freight transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation must be performed on a specific date or period,

- In services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer,

- In services whose performance has begun with the consumer's consent before the end of the right of withdrawal period.

6- RIGHTS AND OBLIGATIONS OF THE PARTIES:

6.1- The BUYER accepts and declares that he/she has clear, understandable, and internet-appropriate information about the basic characteristics of the product subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information about the product, and how the right of withdrawal will be exercised, return conditions, official authorities to which complaints and objections can be submitted, etc., and confirms this preliminary information electronically. The BUYER is deemed to have accepted the provisions of this Agreement at the moment of placing the order.

 6.2- If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the Product, it shall notify the BUYER of this situation before the expiry of the performance obligation arising from the Agreement and may supply a different product of equal quality and price to the BUYER if available in its stocks. The SELLER has the right to reject the order without stating any reason. The SELLER may inform the BUYER by phone or e-mail if it cannot process the order for any reason (e.g., problems with payment systems).

 6.3- The BUYER accepts, declares, and undertakes that he/she will confirm this Agreement electronically for the delivery of the Product, and that in the event the Product price is not paid and/or canceled in bank records for any reason, the SELLER's obligation to deliver the product subject to the Agreement will cease.

6.4- The BUYER accepts, declares, and undertakes that if the Product price is not paid to the SELLER by the relevant bank or financial institution due to the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the Product to the BUYER or the person and/or organization indicated by the BUYER, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with the shipping costs borne by the SELLER.

 6.5- The BUYER undertakes that the information and content provided by him/her (Name, surname, phone number, email, etc.) are accurate, complete, and legal, that he/she will not/does not cause technical and physical damage to the SELLER's Website, that they do not violate any laws, regulations, and other legislation, and do not/will not infringe the rights of third parties. The BUYER accepts, declares, and undertakes that he/she will make the necessary updates in case of changes in his/her personal data, otherwise the SELLER will not be responsible. The SELLER is not obliged or responsible for investigating the accuracy of the information and content transmitted, uploaded, changed, or provided by the BUYER, or for guaranteeing that this information and content is secure, accurate, and legal. The BUYER is responsible for all damages that may arise from the incorrect or erroneous information and content provided by the BUYER, and the BUYER accepts, declares, and undertakes that he/she will compensate the SELLER in full and immediately for all damages that the SELLER may incur due to the inaccuracy of this information.

6.6- The BUYER accepts, declares, and undertakes that he/she is solely responsible for the security, storage, keeping away from third-party knowledge, and use of the username and password he/she uses to log in to the Website. The SELLER has no direct or indirect responsibility for any damages incurred or that may be incurred by the BUYER and/or third parties due to the BUYER's negligence and faults in matters such as the security, storage, keeping away from third-party knowledge, and use of the username and password.

6.7- The BUYER accepts to be contacted via internet, phone, SMS, mail, e-mail, fax, etc. for informational purposes regarding the order.

6.8- The BUYER, from the outset, accepts and undertakes to comply with the provisions of legal legislation and not to violate them while using the SELLER's Website. Otherwise, all legal and criminal liabilities that may arise will belong exclusively and solely to the BUYER.

6.9- The BUYER accepts, declares, and undertakes that all legal and criminal liability arising from the transactions performed during the use of the Website and from the words, expressions, and contents used belongs personally to him/her, that he/she will be personally responsible directly and/or indirectly for any damages incurred or that may be incurred by third parties due to activities performed on the Website contrary to the provisions of this Distance Selling Agreement and/or the law, and that the SELLER cannot be held responsible in any way. Furthermore, in such cases, the SELLER reserves the right to suspend the BUYER's use of the website and initiate legal proceedings.

7- INTELLECTUAL PROPERTY RIGHTS:

The BUYER accepts that all elements of the Website, including but not limited to its design, text, images, html code, and other codes, belong to the SELLER and/or are used by the SELLER under a license right obtained from a third party, and under no circumstances shall the BUYER use the SELLER's brand, logo, trade name information for reference and promotional activities without the SELLER's written consent. The BUYER shall not engage in attitudes and behaviors that may constitute infringement of the SELLER's copyright, trademark, or other rights, or create unfair competition, or conduct advertising activities contrary to the aforementioned legislation. Otherwise, the BUYER shall be responsible for compensating the SELLER for any damages, including but not limited to compensation, court costs, and attorney fees incurred by the SELLER due to damages suffered by third parties, including but not limited to licensors, as a result of such actions.

 8- PROHIBITION OF ASSIGNMENT:

The BUYER may not transfer or assign, in whole or in part, its obligations, rights, and receivables under this Agreement to third parties without the prior written consent of the SELLER. Such transfers and assignments shall not be effective against the SELLER. The SELLER has the right to transfer this Agreement and the rights and obligations arising from the Agreement, in whole or in part, with all its legal aspects and obligations, to its affiliated establishments, firms, and companies, and to third parties.

9- CONFIDENTIALITY:

The BUYER shall keep confidential all information obtained in any way regarding the SELLER's activities and the articles of this Agreement, and shall not disclose or use such information without the SELLER's prior written consent, except in cases deemed necessary under the mandatory provisions of Turkish laws. This confidentiality obligation shall remain valid even if this Agreement is terminated or expires for any reason. In the event that the BUYER fails to comply with this confidentiality obligation, the BUYER shall compensate the SELLER for any damages incurred by the SELLER.

 10- FORCE MAJEURE:

 The SELLER is not liable for delayed, incomplete, or non-performance of any of its obligations set forth in this Distance Selling Agreement due to decisions taken by laws, regulations, directives, and authorized authorities outside the control of the parties, and due to the occurrence of events such as fire, flood, earthquake, landslide, epidemic, war, widespread acts of violence (including but not limited to these). In this case, the BUYER cannot make any claims against the SELLER.

 11- VIOLATION:

In the event that the BUYER violates the provisions of this Agreement, the SELLER may terminate the Agreement at its discretion and without prior notice, and may block the BUYER's access to the Website. In this case, the BUYER will be personally responsible, criminally and legally. The BUYER also agrees to indemnify and hold harmless the SELLER (including attorney's fees) against any and all demands, damages, liabilities, claims or expenses that may be asserted against the SELLER by any third party in connection with the unlawful use of the Website by the BUYER, and its affiliates and subsidiaries.

12- AMENDMENT:

All amendments to be made pursuant to this Agreement shall be at the discretion of the SELLER and shall be made unilaterally to be announced on the SELLER's Website.

13- SEVERABILITY:

 If any provision of this Agreement is invalid, illegal, or unenforceable under the laws of any jurisdiction, the remaining provisions in that jurisdiction will remain valid, legal, and enforceable and will not be affected by said provision.

14- HEADINGS NOT FOR INTERPRETATION:

Headings in this Agreement are for ease of reference only and shall not affect the interpretation of this Agreement.

15- JURISDICTION

In the implementation of this Agreement, Consumer Arbitration Committees up to the value announced by the Ministry of Customs and Trade, and Consumer Courts at the domicile of the BUYER or SELLER, are authorized. Parties may submit their complaints and objections to the consumer arbitration committee or consumer court at the place where the consumer purchased the goods or services or where their domicile is located, within the monetary limits determined by the Ministry of Customs and Trade each December.