NTB-MT-KT-2022
DISTANCE SALES AGREEMENT
1. PARTIES
1.1 This contract has been concluded between the following Parties.
SELLER:
Beynlab Foreign Trade Inc.
Address: Paşabahçe Mah Ahmet Çavuş Sok No:9 Beykoz Istanbul Turkey
Phone: +90 216-331-3008
E-Mail Address: info@beynlab.com
BUYER:
Name: It will be on the payment page.
Surname: It will be on the payment page.
The SELLER and the BUYER shall be referred to as the "Party" separately and together as the "Parties" in this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1 The subject of this Agreement is the Product, which the BUYER has ordered electronically through the SELLER's www.beynlab.com.tr website (hereinafter referred to as the "website"), which has the qualifications mentioned in the Agreement and whose sales price is also specified in the contract. It is the determination of the rights and obligations of the parties in accordance with the Law on the Protection of the Consumer, the Regulation on Distance Contracts and all relevant legislation regarding the sale and delivery of the product.
2.2 With the signing of this Agreement, the Parties accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts.
3. CONTRACT SUBJECT PRODUCT/PRODUCTS
3.1 The product subject to the contract; name, brand, model, color, size and quantity are as stated below.
NAME OF THE PRODUCT BRAND MODEL COLOUR BODY SIZE NUMBER
SAMPLE SAMPLE SAMPLE SAMPLE SAMPLE SAMPLE
4. DELIVERY OF PRODUCTS
DELIVERY INFORMATION
Delivery Address: It will be on the payment page.
Delivery Person: It will be located on the payment page.
Billing Address: It will be located on the payment page.
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DELIVERY OF THE PRODUCTS
4.1 This Agreement will enter into force upon approval in electronic environment and will be executed when the BUYER pays the SELLER the price of the Product subject to the Agreement and the SELLER delivers the Product/Products subject to the Agreement to the BUYER. The product will be delivered to the relevant person at the above-mentioned delivery address of the BUYER by the courier company authorized by the SELLER.
4.2 The BUYER accepts that the delivery made to the address specified by the BUYER above and to the person present at this address at the time of delivery shall be deemed to be the delivery made to the BUYER. Even if the BUYER is not present at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. All kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the waiting of the product in the cargo company belong to the BUYER.
4.3 The SELLER shall ensure that the Product is delivered to the BUYER in a sound, complete manner, in accordance with the qualifications specified in the order, and together with the warranty documents and user manuals, if any, within the period committed to the BUYER, provided that it does not exceed 30 (thirty) days from the date of receipt of the order. If the SELLER cannot deliver the Product subject to the Contract in due time due to stock depletion and similar commercial impossibilities, unexpected situations, force majeure or extraordinary circumstances such as weather conditions that prevent delivery, interruption of transportation, it shall notify the BUYER within 3 (three) days. liable.
4.4 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
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DELIVERY COSTS
4.5 The delivery costs of the Product belong to the BUYER unless there is a contrary provision. If the SELLER has declared on the website that the delivery fee will be covered by him, the delivery costs will belong to the SELLER.
4.6 Products sold with a warranty certificate and Products that are found to be defective or damaged during delivery can be sent to the SELLER for the necessary repair to be made by the authorized service, within the (defective) warranty conditions, in which case the delivery costs will be borne by the SELLER.
5. PRODUCT PRICE AND PAYMENT METHOD
PRICE OF THE PRODUCT/PRODUCTS
Total Product Price Excluding Delivery Costs: It will be listed on the payment page.
Delivery Charges: It will be on the payment page.
Total Price Including Delivery Costs: It will be on the payment page.
Payment Method and Plan: It will be on the payment page.
Maturity Difference Received: It will be displayed on the payment page.
Interest Rate Used in Maturity Difference Account: It will be displayed on the payment page.
5.1 The cash or deferred sales price of the Product is included in the order form, but is the price included in the information mail sent at the end of the order and in the invoice sent to the BUYER together with the Product. Discounts, coupons, shipping charges and other applications made by the SELLER are reflected in the sales price.
PAYMENT METHOD AND PLAN
5.2 The BUYER pays the price of the Product by choosing one of the payment methods offered to him by the SELLER. In order for the BUYER to pay by credit card, the credit card information must be filled in completely and completely in the relevant section.
5.3 The BUYER can make a single payment with a credit card, or a deferred payment can be made by dividing into a number of installments to be determined within the scope of the campaigns. In installment transactions, the relevant provisions of the contract signed between the BUYER and the Bank are valid. By organizing campaigns, the Bank may apply a higher number of installments than the number of installments chosen by the BUYER, and may offer services such as deferral of installments. Such campaigns are at the initiative of the Bank.
5.4 Since the forward sales can only be made with the credit cards of the Bank, the BUYER shall confirm the relevant interest rates and the information regarding the default interest separately from the Bank, and that the provisions regarding the interest and default interest in accordance with the provisions of the current legislation are valid between the Bank and the BUYER. accepts, declares and undertakes that it will be implemented within the scope of the contract.
5.5 In case the payments are made in installments, the reflection of the refund to the credit card in installments every month is entirely related to the processes and practices of the Bank. In this case, the BUYER will not be able to request another payment of the refund amount from the SELLER.
6. BUYER'S STATEMENTS AND COMMITMENTS
6.1 The BUYER declares that he has read the preliminary information uploaded by the SELLER regarding the basic characteristics, sales price and payment method and delivery costs of the Product subject to the Contract on the SELLER's website and has given the necessary confirmation in electronic environment.
6.2 The BUYER shall inspect the Contracted Product before receiving it; dented, broken, torn packaging, etc. will not receive the damaged and defective Product from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the Product after delivery belongs to the BUYER.
6.3 After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the SELLER 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 BUYER may purchase the Product, provided that it has been delivered to him. It agrees to send it to the SELLER within 3 (three) days. In this case, the delivery costs will belong to the BUYER.
7. STATEMENTS AND COMMITMENTS OF THE SELLER
7.1 The SELLER shall ensure that the Product subject to the Contract is delivered to the address specified by the BUYER, in good condition, complete, in accordance with the qualifications specified in the order, and with the warranty documents and user manuals, if any.
7.2 The SELLER may supply another product of equal quality and price to the BUYER before the performance period of the performance undertaken by the SELLER, with justified reasons to be notified to the BUYER. If the SELLER thinks that the delivery or performance of the Product has become impossible, it shall notify the BUYER within 3 (three days) from the date of learning. In this case, the BUYER may use one of the rights to cancel the order, replace the Product subject to the Contract with its precedent, if any, and/or postpone the delivery time until the obstacle disappears. If the BUYER cancels the order, the price paid and the documents, if any, are returned within 14 (fourteen) days.
7.3 The SELLER accepts that the BUYER has the right to withdraw from the contract by rejecting the product within the scope of Article 8 of this contract within 14 (fourteen) days from the date of receipt of the Product or the signing of the contract without any legal and penal liability and without giving any reason.
8. RIGHT OF WITHDRAWAL
USE OF THE RIGHT OF WITHDRAWAL
8.1 The BUYER may use the right of withdrawal without giving any reason and without paying any penalty within 14 (fourteen) days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. The BUYER may also use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.
8.2 Notification of the right of withdrawal and other notifications regarding the Contract will be sent to the SELLER through the communication channels of the SELLER specified in Article 1 of this Agreement.
8.3 In case the right of withdrawal is exercised, the BUYER must send the Product back to the SELLER within 10 (ten) days from the use of the right of withdrawal. The Product to be sent back must be sent complete and undamaged with its box, packaging, standard accessories (if any) and other products sent as a gift with the Product. The original invoice submitted to the BUYER during the delivery of the product must also be returned by the BUYER.
8.4 Within 14 (fourteen) days following the exercise of the right of withdrawal, the product price is returned in the form of the payment made by the BUYER.
8.5 As long as the BUYER sends the product to be returned to the SELLER with the contracted cargo company of the SELLER, the return delivery costs belong to the SELLER. In the event that the BUYER sends the Product to be returned by a cargo company other than the contracted cargo company of the SELLER, the SELLER is not responsible for the return delivery costs and the damage incurred by the Product during the delivery process.
SITUATIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
8.6 The BUYER has no right of withdrawal in the contracts regarding the following Products, even if the Product/Products have not been used/used:
Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the Seller or the supplier,
Contracts for goods prepared in line with the wishes or personal needs of the consumer,
Contracts for the delivery of perishable or expired goods,
From 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,
Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,
Contracts for books, digital content and computer consumables offered in material environment, in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods,
Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract,
Contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure time for entertainment or rest, which must be made on a certain date or period,
Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,
Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
9. STATUS OF DEADLINE AND ITS CONSEQUENCES
9.1 In the event that the parties fail to fulfill their obligations under this contract, the provisions of the Turkish Code of Obligations regarding the Default of the Debtor shall apply. In case of default, if one of the Parties fails to fulfill its performance within the time limit without a justifiable reason, the other Party will give the non-performing Party 7 (seven) days for the performance of the said performance. If the performance is not fulfilled at the end of this period, the Party that does not fulfill its performance will be deemed to be in default and the other Party will have the right to demand the delivery of the goods and/or the termination of the Contract and the refund of the price by demanding the performance of the performance.
9.2 In the event that the BUYER defaults on his credit card transactions, he/she shall pay interest within the framework of the credit card agreement made with the cardholder bank and shall be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, in the event that the BUYER defaults due to its debt, the BUYER agrees to pay the loss and damage of the SELLER due to the delayed performance of the debt.
10. PROTECTION OF PERSONAL DATA
10.1 Personal data to be obtained about the BUYER due to the establishment and performance of the distance sales contract is processed in accordance with the Clarification Text on the website of the SELLER and in accordance with the Law on the Protection of Personal Data No. 6698 and the relevant legislation.
11. FORCE MAJEURE
11.1 Circumstances that do not exist at the time of signing the contract and are unpredictable, that develop beyond the control of the Parties, that make it impossible for one or both of the Parties to partially or completely fulfill their obligations and responsibilities assumed by the Contract or to fulfill them on time, force majeure (natural disaster, war, terrorism, insurrection, legislative provisions, seizure or strike, lockout, major malfunctions in production and communication facilities, etc.).
11.2 The Party in the person of force majeure shall immediately notify the other Party of the situation. During the continuation of the force majeure, the Parties will not be liable for their failure to fulfill their obligations. If this force majeure situation continues for 10 (ten) days, each Party shall have the right to terminate unilaterally.
12. RESOLUTION OF DISPUTES
12.1 In case of dispute, if the price of the service is within the monetary limits determined by the Ministry of Customs and Trade every year, Provincial or District Arbitration Committees for Consumer Problems at the address of the Intermediary Service Provider; On the other hand, Istanbul Çağlayan Courts and Enforcement Offices are authorized.
13. MISCELLANEOUS PROVISIONS
13.1 The BUYER, in case of disputes that may arise from this Agreement, states that the official books and commercial records of the SELLER, electronic information and computer records kept in its database and servers will constitute binding, definitive and exclusive evidence, within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is in the nature of a contract.
13.2 The BUYER declares, accepts and undertakes that he has read all the conditions and explanations written in this Contract and in the order form, which is an integral part of it, that he has received, reviewed and fully accepted the sales conditions and all other preliminary information.
The BUYER may notify the SELLER, verbally or in writing, about his requests and complaints regarding the product and sale, by contacting the SELLER's communication channels below.
CUSTOMER SERVICE
E-Mail: info@beynlab.com
Phone: +90 216-331-3008
This Agreement, which consists of 13 (thirteen) articles, was read by the Parties and signed and entered into force by being approved electronically on .. / .. / ....
INFORMATION TEXT ON THE PROCESSING OF PERSONAL DATA
Beynlab Foreign Trade Inc. As (“Beynlab” or “Company”), the protection of your personal data we obtain while carrying out our processes is one of our top priorities. We attach great importance to ensuring the security of your personal data and its use/processing in accordance with the legislation. This clarification text contains information on how we process your personal data in the capacity of data controller in the activities we carry out through our website.
1. FOR WHAT PURPOSES AND BASED ON WHAT LEGAL REASONS WE PROCESS YOUR PERSONAL DATA
Articles 5 and 6 of the Personal Data Protection Law regulate the legal grounds for processing personal data. Below, we have listed the purposes for which we process personal data and the legal grounds we rely on for such purposes:
For the following purposes, based on the legal reason that the processing of personal data is necessary for the establishment or performance of a contract:
Execution of membership, registration, activation and user verification processes for our websites,
Execution of order, request and contract processes,
When you make a purchase request, executing the transactions related to your request and making fee payments,
Execution of product return requests and realization of fee refunds.
For the following purposes, based on the legal reason for fulfilling our legal obligations:
Fulfilling our legal obligations in cases where authorized institutions or organizations make a request to our Company or when we are expected to notify these institutions (for example, sharing your information when a public institution requests a transaction that is suspected of illegal transaction),
Execution of finance and accounting processes,
Execution of our activities in accordance with the legislation.
For the following purposes, based on the legal reason that data processing is mandatory for the establishment, exercise or protection of a right:
In case of a possible legal dispute, protecting and exercising our rights and conducting legal processes.
Provided that it does not harm the fundamental rights and freedoms of the data subject, data processing is compulsory for our legitimate interests, for the following purposes, based on the legal reason:
Performing login procedures if you log in to the website,
Evaluation and fulfillment of your requests for product search, sending to basket and entering comments,
Receiving and finalizing your suggestions, requests and complaints,
Carrying out studies for customer satisfaction,
Carrying out studies for the development and improvement of our products, services and processes,
Ensuring our compliance with the policies, practices and rules of our group companies and manufacturer standards by reporting, auditing and examining our business processes.
If you have given express consent, for the following purposes:
To be informed about campaigns, promotions, events, surveys and opportunities in line with your communication permission preferences (such communications allow us to increase your loyalty and satisfaction with our products/services),
Personalizing your experience of our products/services, offering products and services that suit your preferences and interests, conducting marketing analysis processes,
Execution of cooperation studies for marketing with business partners.
Your explicit consent will be asked separately, regardless of this clarification text, and even if you give consent, you always have the right to withdraw this consent.
2. WHICH PERSONAL DATA WE PROCESS
Within the scope of the above-mentioned purposes and processes, we process your identity, contact, customer transaction information (for example, the requests you send to us, your purchase information), marketing information, transaction security information, legal transaction information and your financial information in payment transactions.
3. WITH WHOM AND FOR WHAT PURPOSE DO WE SHARE YOUR PERSONAL DATA
We share your personal data with authorized institutions and organizations, suppliers and business partners, based on the legal reasons stated above, within the rules regarding the transfer of personal data specified in Articles 8 and 9 of the Law on the Protection of Personal Data, in order to fulfill the purposes in this clarification text. .
4. BY WHAT METHODS AND BASED ON WHAT LEGAL REASONS WE COLLECT YOUR PERSONAL DATA
When you visit our website and perform transactions on the website, we collect your personal data through our websites automatically and partially automatically. Your personal data is required to be processed for the establishment or performance of a contract, due to the legal reasons specified in Articles 5 and 6 of the Law on the Protection of Personal Data, the fulfillment of our legal obligations, the necessity of data processing for the establishment, exercise or protection of a right, We collect data on the basis of legal reasons that data processing is necessary for our legitimate interests, provided that it does not harm the fundamental rights and freedoms of the person. You can find the details of the purposes for which we perform data processing activities based on these legal reasons in the first article of this clarification text.
5. HOW YOU CAN USE YOUR RIGHTS REGARDING YOUR PERSONAL DATA
We would like to point out that, within the framework of the Personal Data Protection legislation, by applying to our Company at any time as the owner of your personal data;
Learning whether your personal data is processed or not,
If your personal data has been processed, requesting information about it,
To learn for what purpose your personal data is processed and whether it is used in accordance with these purposes,
Knowing the third parties to whom your personal data is transferred in the country or abroad,
Requesting correction of your personal data if it is incomplete or incorrectly processed,
To request the deletion or destruction of your personal data,
Requesting notification of your correction, deletion and destruction requests to third parties to whom your personal data has been transferred,
Objecting to the emergence of a result against you by analyzing your processed personal data exclusively through automated systems,
Requesting the compensation of your damage in case you suffer damage due to unlawful processing of your personal data
You have the rights.
For your questions regarding this Clarification Statement or your requests regarding your rights mentioned above, you can reach us from the contact information below. Your requests will be responded to as soon as possible, depending on their nature, and within thirty days at the latest.
Address: Beynlab Foreign Trade Inc. Pasabahce Mah Ahmet Cavus Street No:9 Beykoz Istanbul / Turkey
Phone: 0216-331-3008
Email: info@beynlab.com
Description
Type:
New Arrivals
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