Distance Sales Agreement

1.PARTIES

This Agreement has been signed between the following parties under the terms and conditions set out below.

RECIPIENT (hereinafter referred to as "BUYER" in the Agreement)

Name-Surname:
Address:
Phone:
E-Mail:

VENDOR

(hereinafter referred to as "VENDOR" in the Agreement)

Trade Name : Elife ERDUR (Qualiss)
Address : KemalpaSa Mah. 138. Sokak No:3 D:6 Menderes/Izmir
Phone : 0533 604 77 87
Vendor E-Mail Address : info@qualiss.com.tr

Cargo Company to which the Buyer will send the goods to the Seller in case of return: MNG Cargo

By accepting this contract, the BUYER agrees in advance that if he/she approves the order subject to the contract, he/she will be obliged to pay the price subject to the order and additional fees such as shipping fees, taxes, if any, and that he/she has been informed in this regard.

2.DEFINITIONS

In the application and interpretation of this Agreement, the following terms shall mean the written explanations opposite them.
MINISTER : Minister of Customs and Trade,
MINISTRY : Ministry of Customs and Trade,
LAW : Law No. 6502 on the Protection of Consumers,
REGULATION : Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE : The subject matter of all kinds of consumer transactions other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER : The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the consumer,
BUYER : A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE : The website of the SELLER,
ORDER GIVER : A natural or legal person who requests a good or service through the SELLER's website,
PARTIES : SELLER and BUYER,
CONTRACT : This contract concluded between the SELLER and the BUYER,
GOODS : Refers to movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic media.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically through the SELLER's website. The Distance Sales Contract in question has been arranged in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The parties accept and declare that they know and understand their obligations and responsibilities arising from the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts in accordance with the contract.

4. ESTABLISHMENT OF THE CONTRACT

4.1. BUYER accepts that he/she has read and understood the contract and is aware of his/her rights and obligations. The BUYER accepts that he/she has reached a full conviction that the transactions within the scope of the contract are in his/her own interest and accepts all conditions with his/her own free will.

4.2. SELLER and BUYER It accepts that the provisions of the contract do not have a feature that can be considered unfair terms and that there is no unfairness in terms of the balance of interests.

5. PRODUCT(S) SUBJECT TO THE CONTRACT

5.1.The basic features (type, quantity, brand / model, color, quantity) of the Good / Product / Products are published on the website of the SELLER. If a campaign is organized by the Seller, you can review the basic features of the relevant product during the campaign. The campaign is valid until the specified date.

5.2.The prices listed and advertised on the site are the selling price. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

5.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Payment Method and Plan:
Delivery Address:
Person to be delivered:
Invoice Address:
Order Date:

Delivery date: A clear delivery date information cannot be shared for shipments made by cargo. Delivery takes place within the estimated time interval shown to you at the order stage.

Delivery method:

5.4. The shipping fee, which is the cost of product shipment, will be paid by the SELLER.

6. INVOICE INFORMATION

Name-Surname/Title:
Address:
Phone:
Fax:
Email/username:

Invoice Delivery: The invoice will be delivered with the order to the invoice address during order delivery.

7. MODE OF DELIVERY

7.1. The Contract shall enter into force upon approval by the Buyer electronically. The Contract shall be executed by the delivery of the Goods purchased by the Buyer from the Seller to the Buyer. The Goods shall be delivered to the address specified by the Buyer and to the authorized person(s) specified.

7.2. If the BUYER (the person to be delivered) cannot be found at the place when the order is delivered, delivery can be made by taking the name and signature of the person who can deliver the order to the BUYER. Information about the person who receives the order is sent to the sender (BUYER) via sms and e-mail. Deliveries to official and private organizations are made within the framework of the organizations' own delivery procedures.

8. DECLARATIONS AND COMMITMENTS OF THE BUYER

8.1. The BUYER accepts, declares and undertakes that the preliminary information regarding the basic qualities of the products, the sales price including all taxes and the payment method, the delivery and the right of withdrawal and the terms of use have been received, read and informed and have given the necessary confirmation-consents for electronic sales.

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

8.3. The BUYER shall inspect the goods subject to the contract before receiving the goods; dents, broken, torn packaging, etc. damaged and defective goods will not be received from the cargo company. The delivered goods shall be deemed to be undamaged and intact. The obligation to carefully protect the goods after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods should not be used. The invoice must be returned.

8.4. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

8.5. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the SELLER's website is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.

8.6. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations that may arise shall be fully and exclusively binding on the BUYER.

8.7. The BUYER cannot use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harasses others, for a purpose contrary to the law, in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

8.8. If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.

9.SELLER'S DECLARATIONS AND COMMITMENTS

9.1. Each product subject to the contract is delivered to the BUYER or the person and / or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's settlement, provided that it does not exceed the 30-day legal period. If the SELLER violates this obligation, the BUYER may terminate this contract. In case of termination of the contract, the SELLER is obliged to repay all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of receipt of the termination notice, together with the legal interest determined within the scope of the relevant legislation, and to return all negotiable instruments and similar documents that put the consumer under debt, if any.

9.2. If the SELLER cannot fulfill its contractual obligations in the event that it is impossible to fulfill the product or service subject to the order, the SELLER accepts, declares and undertakes that it will notify the BUYER in writing and with a permanent data storage device within 3 days from the date of learning of this situation, and that it will refund the total price, including delivery costs, to the BUYER within 14 days. The fact that the goods are not in stock cannot be considered as the impossibility of fulfillment of the performance of the goods.

9.3. The SELLER is responsible for the loss and damages incurred until the delivery of the goods to the BUYER or to a third party to be determined by the BUYER other than the carrier. In the event that the BUYER is transported by a carrier other than the carrier determined by the SELLER, the seller is not responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.

9.4. The SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and, if any, with warranty documents, user manuals, information and documents required by the work, to perform the work in accordance with the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, to act with caution and foresight.

9.5. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit consent, provided that it is based on a justified reason and before the contractual performance obligation expires.

9.6. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within the period due to force majeure events such as the occurrence of force majeure events that develop outside the will of the parties, unforeseen in advance and preventing and / or delaying the parties from fulfilling their obligations. The BUYER also has the right to request the SELLER to cancel the order, to replace the product subject to the contract with its precedent, if any, and / or to postpone the delivery period until the preventive situation is eliminated. If the order is canceled by the BUYER, the product amount is paid to the BUYER in cash and in cash within 14 days for payments made by the BUYER in cash. For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount to the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.

9.7. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the site or later updated by the BUYER. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.

9.8. Through the website of the SELLER, links may be provided to other websites and/or other contents that are not under the control of the SELLER and/or owned and/or operated by other third parties. These links are provided to provide ease of orientation to the BUYER and do not support any website or the person operating that website and do not constitute any guarantee for the information contained in the linked website.

9.9. The member who violates one or more of the articles listed in this contract is personally criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. In addition; Due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

Pursuant to the Law No. 6502 on Consumer Protection and the relevant provisions of the Regulation on Distance Contracts;

10.1. BUYER; In distance contracts for the sale of goods, the BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods without any justification and without penalty. However, the BUYER may also exercise the right of withdrawal within the period from the establishment of this Agreement until the delivery of the goods. It is sufficient that the notification of the use of the right of withdrawal is directed to the SELLER in writing or by permanent data storage within this period. In addition, in order for the BUYER to exercise the right of withdrawal, the invoice of the product together with the product must be delivered to the cargo company.

10.2. Determination of the right of withdrawal period;

a) For goods that are the subject of a single order and delivered separately, the day the consumer or the third person designated by the consumer receives the last good,
b) For goods consisting of more than one part, the day the consumer or the third party designated by the consumer receives the last part,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or the third party designated by the consumer receives the first goods is taken as the basis.

10.3. In the event that the BUYER exercises the right of withdrawal, the SELLER is obliged to return the total price received within 14 (fourteen) days at the latest from the date of receipt of the withdrawal notification and all kinds of negotiable instruments and similar documents that put the BUYER under debt without any expense to the consumer.

10.4. If the BUYER sends the goods back through the carrier specified by the seller for return in the preliminary information when the BUYER exercises his right of withdrawal, he will not be held responsible for paying the costs of return. In the event that the SELLER does not specify any carrier for return in the preliminary information, the BUYER cannot be charged any amount for the cost of return. If the carrier specified in the preliminary information for return does not have a branch in the location of the BUYER, the SELLER is obliged to ensure that the goods to be returned are received from the consumer without any additional costs.

10.5. Unless the BUYER makes an offer that the seller will take back the goods itself, the consumer must send the goods back to the seller within 14 (fourteen) days from the date of the notification that the consumer has exercised his right of withdrawal.

10.6. If the BUYER uses the goods in accordance with the functioning, technical specifications and instructions for use within the withdrawal, it will not be responsible for the changes and deterioration that occur.

10.7. Consumer's right of withdrawal;

a) Goods prepared in line with the wishes or personal needs of the consumer,

b) Delivery of perishable goods or goods that may expire,

c) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; delivery of those whose return is not suitable in terms of health and hygiene,

d) Goods that are mixed with other products after delivery and cannot be separated due to their nature,

e) Books, digital content and computer consumables presented in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods,

f) Delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement,

g) Leisure time for the purpose of accommodation, transportation, car rental, provision of food and beverages, and entertainment or recreation that must be undertaken on a specific date or period,

h) Services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,

i) Before the expiration of the right of withdrawal period, the services started to be performed with the consent of the consumer and

j) It does not apply to contracts for goods or services whose price changes due to fluctuations in financial markets and which are not under the control of the seller or provider.

11. DEFAULT AND LEGAL CONSEQUENCES

The BUYER accepts, declares and undertakes that if he/she defaults in the event that he/she makes payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may request the costs and attorney's fee from the BUYER and in any case, if the BUYER defaults due to the BUYER's debt, the BUYER accepts, declares and undertakes that the BUYER will pay the loss and damage incurred by the SELLER due to the delayed performance of the debt.

12. DISPUTE RESOLUTION COMPETENT COURT

Complaints and objections in disputes arising from this contract, within the monetary limits specified in the following law, the consumer problems arbitration committee and the consumer court are authorized in the place where the consumer is located or where the consumer transaction is made.

13. APPROVAL

This contract consisting of 13 (thirteen) articles has been read by the parties; It has been concluded and entered into force on the date of approval received electronically by the buyer.

SELLER BUYER
Elife ERDUR (Qualiss)