1. PARTIES: This agreement is concluded between the seller - the company “NL CONTINENT İSTANBUL GIDA KOZMETİK BİTKİSEL SAĞLIK ÜRÜNLERİ VE TİCARET LİMİTED ŞİRKETİ”, operating at: 19 MAYIS MAHALLESİ, RENIET the following conditions:
1.1. Seller’s contact information: Seller’s phone number +90 539 294 51 08, seller’s email address firstname.lastname@example.org
1.2. Buyer contact information: Buyer's phone number, email address
2. SUBJECT OF THE AGREEMENT: This agreement governs the mutual rights and obligations of the parties with respect to the sale, delivery to the buyer and collection of payment from him for products ordered by him through the seller’s Internet address, as well as other aspects.
3. DEFINITIONS: The terms used in this contract are used in the following meanings:
3.1. Internet address: The seller’s Internet address is www.nlstore.com.tr, through which the buyer orders products from him.
3.2. Product: Goods belonging to the seller and ordered by the buyer through the Internet address, the properties of which are contained in the Internet address.
3.3.Login and password: This is information consisting of a name and password provided by the seller at the request of any individual or legal entity, which provide access to the department of the Internet address for placing an order.
3.4. Buyer: An individual or legal entity-consumer registered at the seller’s Internet address under his name and password, using this Internet address to carry out product orders and acting for non-commercial and non-professional purposes.
3.5. Form of advance notice: The text by which the buyer, before placing an order, is notified regarding the terms of the contract.
3.6.Order: Confirmation of delivery of products selected by the buyer at the Internet address to the address indicated by the buyer, due to the payment made by the buyer of its cost.
Confirmation by the buyer of the delivery of products selected at the Internet address to the address specified by the buyer, carried out by means of payment made by the buyer.
3.7. Third party buyer: A third person or entity to whom, at the request of the buyer and instead of the buyer, the products ordered and paid for by the buyer will be delivered.
3.8. Intermediary transport company: Transport company (transport company), with which the products will be delivered to the buyer / third party.
4. DATE OF ENTRY INTO FORCE: This agreement shall enter into force upon payment by the buyer to the seller of the cost of the ordered product / products.
5. BUYER ORDER PROCEDURE:
5.1. The buyer, having logged on to the Internet address, using his username and password, selects in the quantity he needs the desired product from the one whose prices and properties are indicated at the Internet address.
5.2. After the product is selected, the buyer must clearly and clearly fill out the information on the fields indicated on the Internet address: his last name and first name, billing address, if any - the name, first name and address of the third party to the buyer to whom the products will be delivered, contact data, product names and quantity.
5.3. The buyer confirms that he has read and understood the contents of the prior notification form presented to him at the Internet address before the buyer made the order and paid for it. In accordance with this agreement, the fact of payment by the buyer of the cost of products is a confirmation that he is familiar with the form of advance notice. The advance notice form is an integral part of this contract.
5.4. After entering the required information at the Internet address, the buyer, having checked his order on the preliminary notification form, makes payment for the goods by credit card of any of the banks indicated at the Internet address.
5.5. The status of approval and delivery of goods is displayed at the Internet address. The seller notifies the buyer of the status of the approval of the order.
6. SELLER DELIVERY PROCEDURE:
6.1. The seller is obliged, within three working days, starting from the next working day after the payment for the cost of the goods, to transfer the products to the intermediary transport company indicated at the Internet address. Products must be delivered to the buyer / third party buyer no later than 30 days from the date on which it was paid. If the product is not delivered within 30 days, the buyer will have the right to terminate the contract.
6.2. Delivery is made to the address provided by the buyer. In accordance with the provisions of the Law on Notifications, delivery can be made to persons who are entitled to receive a notification and are located at this address. In this case, it is considered that the delivery was made to the buyer / third party buyer.
6.3. The buyer must track the cargo information provided at the Internet address. If products sent through transport company
PRICE WITH VAT (TRY) WITH DISCOUNT
7.2. Additional costs: As indicated on the Internet address and in the form of advance notice, the buyer must pay the shipping cost of TL. for services
7.3. Total cost: Under this contract, the buyer must pay the seller for the products in total, taking into account the additional costs of TL.
7.4. Use by the buyer of the right to discount earned on previous orders: The buyer, if he has previously received such a right, uses his right to the discount, acquired on the basis of the purchases made earlier on the basis of this agreement, before the conclusion of this agreement, of product purchases from the seller. Thus, when applying a discount of% to the above product price, the buyer will have to pay the amount TL including VAT. In cases where the cost of production must be returned to the buyer, the cash equivalent of the amount of the discount to the buyer is not returned.
8. CUSTOMER PRODUCT INSPECTION AND PRODUCT RETURN PROCEDURE:
8.1. The buyer is obliged at the time of delivery of the product to him or the third party-buyer by the intermediary transport company, opening the transport packaging in the presence of the intermediary transport company employee, to make sure that the packaging contains the products he specifically ordered and that there are no damage or breakages on it, and if those are available, draw up a protocol with the company employee. If the product does not correspond to the ordered one, or if it is damaged, damaged, etc., the buyer has the right to refuse such products: not to accept the products and send the drawn up protocol to the seller’s address, email or fax. In the same way, the buyer can send the products that he refused, back to the seller’s address through the same transport company and with the costs incurred by the seller. In the protocol drawn up, the buyer should clearly state whether he still wants to receive the product. The seller who received the product back is convinced that it has flaws set forth in the protocol, and in cases where the buyer ordered the same product or if the protocol does not contain information about it, sends the buyer other copies of the same product names in accordance with the provisions of this agreement . If the buyer clearly declares the refusal to receive the product again, the seller must return the cost of the product paid by the buyer in accordance with the provisions of this contract and the additional costs to the credit card bank account with which payment was made. In this case, the costs of returning the products and resending the products are the responsibility of the seller. The seller is not responsible for situations when the bank does not return the amount returned for the products transferred to the credit card bank account to the buyer.
8.2. Based on the fact that the products ordered by the buyer fall within the scope of Article 15/1 of the Regulation on Remote Sales Contracts drawn up under the Law on Protection of Consumer Rights: “perishable products or products whose shelf life may expire”, and also complies with clause the same article: products in which, after its delivery, such protective elements as packaging, tapes, printing, bag are violated; products that are not subject to return from the point of view of health and hygiene, in accordance with this article of the Regulation, the buyer under this contract is not entitled to refuse the product.
9. OTHER PROVISIONS:
9.1. The seller does not have the right to transfer the personal data of the buyer entered by him at the Internet address to other individuals or legal entities, except as otherwise provided by law. The buyer agreed that this data should be used by other companies owned by the seller to inform the buyer about the seller’s products.
9.2. The ownership and intellectual property rights to any information, content, advertising and other intangible objects posted at the Internet address belong to the seller.
9.3. The seller is not responsible for disputes that may arise in the event users click to third party sites through links and advertising posted on the Internet address.
9.4. Products whose value has not been paid cannot be sent to the buyer. If the seller determines that payment of the cost of the product is paid in part or not paid at all, he has the right to terminate the contract.
9.5. The date when the buyer is deemed to be not fulfilling financial obligations, without the need for any warning, is the day after the date of approval of the order. The date when the seller is considered to be not fulfilling financial obligations, without the need for any warning, is the day after the date on which the products were to be delivered in accordance with this contract. In all cases, interest for the penalty starts from these dates.
9.6. In accordance with this agreement, sales are prepaid, therefore, the installment plan offered by banks whose credit cards are owned by the buyer does not turn the agreement concluded between the parties into an installment purchase agreement.
9.7. Responsibility for cases of non-payment to the seller of the cost of products by the bank, the owner of the credit card of which is the buyer, lies with the buyer. In this case, the buyer, if he has not yet begun to use the product, after notifying the seller sent by e-mail without using the product, must send it back to the seller within three days, or transfer the cost of the product to the seller’s account. If the product has already been used by the buyer and its return in this form is not possible, the buyer must transfer the cost of the products to the seller’s account within three days from the date of the seller’s notification. In these cases, non-fulfillment of financial obligations occurs after the expiration of a three-day period, without the need for any warning.
9.8. If due to force majeure circumstances the products are not delivered to the buyer / third party buyer on time, the seller shall notify the buyer about this. In this case, the buyer has the right to cancel the contract within three business days from the date this notification was made.
9.9. In cases where, for reasons that depend on the seller, the product is not available, is prohibited, cannot be imported, etc., the seller notifies the buyer. In this case, the buyer has the right to cancel the contract or order similar products within three business days from the date this notification was made. If during this period the buyer does not refuse the contract, the seller sends the buyer products that are most similar in composition to the ordered one. In this case, it will be considered that the seller has performed all the actions under this contract. The cost of products shipped in place of the ordered products must be equal to it in value or cheaper. If the shipped products are cheaper than ordered, the seller returns the price difference to the buyer.
9.10. The buyer can forward any complaint through the Internet address, with his username and password. The seller should strive to eliminate the reason for the complaint.
10. ADDRESSES OF THE PARTIES FOR SENDING NOTIFICATIONS, OBLIGATION TO REPORT ON CHANGES TO ADDRESSES:
Notifications sent to the addresses indicated in this agreement are considered to be implemented even if there are no parties there, and the date on which the notification will be received by the addressee will be considered the date when the notification was not possible. The parties are obliged to inform the opposite party in writing about changes in addresses. In any case, for notification of the seller, the last address indicated at the seller’s Internet address is taken as the basis.
The buyer notifies the seller of the change of address by sending an email with his username and password. Email notifications are allowed.
11. SETTLEMENT OF DISPUTES AND AUTHORIZED COURTS:
The following persons are authorized to resolve disputes arising from this agreement on the basis of tariffs effective as of the date of the dispute: for monetary disputes relating to amounts within the limits specified in the Consumer Rights Protection Act - provincial / district Jury on consumer issues; for monetary disputes in excess of such amounts - consumer courts. The courts and executive offices of Istanbul (Chaglayan) and the courts and executive offices of the place of residence of the consumer are authorized to resolve issues arising from this agreement.
12. NUMBER OF PAGES, COPIES AND ARTICLES OF THE AGREEMENT: This contract is drawn up in two copies, on five pages, consists of 12 articles. 00.00.0000
On behalf of the SELLER