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sales contract

PRELIMINARY INFORMATION

ARTICLE 1 SELLER INFORMATION

ARTICLE 1.1 – SELLER
Title: AKRA GROUP KOZMETİK VE İLAÇ SANAYİ TİCARET ANONİM ŞİRKETİ
Address: YAKUPLU MAH. 228 SOKAK NO 18 DAİRE 3 BEYLİKDÜZÜ/İSTANBUL
Mersis No: 0034-0391-2810-0023

Phone: 0 212 872 21 58

ARTICLE 1.2 - BUYER

The person who is a member of the duaderm.com.tr shopping site as a customer. The address and contact information used during registration will be considered as the primary information.

ARTICLE 2 CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE

The basic characteristics of the goods or services are available at www.duaderm.com.tr. You can review the basic characteristics of the product during the campaign period.

The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.

The type, quantity, brand/model, color, number of units, sales price, payment method of the goods/product/service consist of the information at the time the order is finalized.

The shipping cost, which is the shipping fee, and the additional service fee charged for credit card installments will be paid by the BUYER and are non-refundable.

ARTICLE 3 GENERAL PROVISIONS

3.1) The BUYER declares that they have read and are informed about the basic characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the duaderm.com.tr website and that they have given the necessary confirmation electronically. The BUYER; 3.2) By confirming this Preliminary Information electronically, the BUYER confirms that they have received accurate and complete information from the SELLER regarding the address, essential characteristics of the ordered products, the price of the products including taxes, and payment and delivery information, prior to the conclusion of distance contracts.
3.2) The product subject to the contract will be delivered to the BUYER or the person/organization at the address indicated, within the time frame specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that this period does not exceed the legal 30-day limit.
3.3) The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems encountered by the shipping company during the delivery process.
3.4) The SELLER is responsible for delivering the product subject to the contract in good condition, complete, conforming to the specifications stated in the order, and with any warranty documents and user manuals, if applicable. 3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.
3.6) If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance obligation arising from the contract and refund the total amount to the BUYER within 10 days.
3.7) Confirmation of this Preliminary Information Form electronically is required for product delivery. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product. 3.8) If, after delivery of the product, the bank or financial institution fails to pay the SELLER the product price due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, the shipping costs shall be borne by the BUYER. 3.9) If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruptions in transportation, the SELLER is obliged to inform the BUYER of the situation. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 days. In the case of payments made by credit card, the product amount will be refunded to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank.

ARTICLE 4 RIGHT OF WITHDRAWAL

The BUYER may exercise the right to withdraw from the contract in distance contracts relating to the sale of goods (excluding Concert and Event Tickets) within 14 (fourteen) days from the date of delivery of the product to himself or to the person/organization at the address indicated, without incurring any legal or criminal liability and without giving any reason. In distance contracts relating to the provision of services, this period is the date the contract is signed.

The right of withdrawal begins on [date]. The right of withdrawal cannot be exercised in service contracts where the performance of the service has commenced with the consumer's consent before the expiration of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER.

To exercise the right of withdrawal, a written notification must be sent to the SELLER within 30 days via registered mail, fax, or email, and the product must be unused in accordance with the provisions of Article 5. If this right is exercised, the following must be submitted:

a) The invoice for the product delivered to a third party or the BUYER (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed without a RETURN INVOICE.)

b) The return form,

c) The product to be returned must be delivered complete and undamaged, including its box, packaging, and any standard accessories.

d) The SELLER is obligated to return the total amount and any documents obligating the BUYER to the BUYER within a maximum of 10 days from the date of receipt of the cancellation notice, and to retrieve the goods within 20 days.

e) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obligated to compensate the SELLER for the damages in proportion to their fault.

f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.

g) The shipping cost paid when returning the product due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders.

h) The SELLER will not refund the shipping fee collected from the BUYER when selling the product and the additional service fee charged for credit card installment payments.

ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

According to the Regulation, the return of goods prepared according to the BUYER's requests or explicitly tailored to their personal needs, which are unsuitable for return due to their nature, and which are susceptible to rapid deterioration or have a high probability of exceeding their expiration date, as well as audio or video recordings, software programs, and computer consumables whose packaging has been opened by the BUYER, is not possible.

In the application of this Preliminary Information, the Consumer Arbitration Boards and Consumer Courts in the place where the BUYER purchased the goods or services and where they reside are authorized, up to the value announced by the Ministry of Industry and Trade. The SELLER may submit complaints and objections to the consumer arbitration board or consumer court in the place where the goods or services were purchased or where they reside, within the monetary limits determined annually in December by the Ministry of Industry and Trade of the Republic of Turkey. Information regarding monetary limits is as follows:

Effective from 1/1/2012:

a) The lower monetary limit for the binding nature of consumer dispute arbitration board decisions, as stipulated in paragraphs 5 and 6 of the amended Article 22 of Law No. 4077 on Consumer Protection, and for their admissibility as evidence in higher or consumer courts, is 1,161.67 TL.
b) The lower monetary limit for provincial arbitration boards operating in provinces with metropolitan status to be responsible and authorized to handle disputes, as stipulated in the third paragraph of Article 5 of the Regulation on Consumer Dispute Arbitration Boards, published in the Official Gazette dated 1/8/2003 and numbered 25186, is 3,032.65 TL.

This Preliminary Information is provided for commercial purposes.

DISTANCE SALES AGREEMENT

ARTICLE 1 – PARTIES

ARTICLE 1.1 – SELLER
Title: AKRA GROUP KOZMETİK VE İLAÇ SANAYİ TİCARET ANONİM ŞİRKETİ
Address: YAKUPLU MAH. 228 SOKAK NO 18 DAİRE 3 BEYLİKDÜZÜ/İSTANBUL
Mersis No: 0034-0391-2810-0023

Phone: 0 212 872 21 58

1.2 – BUYER

The person who is a member of the duaderm.com.tr shopping site as a customer.

The address and contact information used during registration will be considered as the basis.

ARTICLE 2 – SUBJECT

The subject of this agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER from the duaderm.com.tr website belonging to the SELLER, and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Principles and Procedures of Distance Contracts.

ARTICLE 3 – SUBJECT OF THE AGREEMENT
The type, quantity, brand/model, color, number of units, sales price, payment method of the goods/product/service, and information at the time the order is finalized are included in this agreement.

ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER acknowledges that they have read and are informed about the basic characteristics of the product subject to this agreement, the sales price including all taxes, the payment method, delivery and the fact that the delivery costs will be borne by the BUYER, the delivery period, and the full commercial name, address, and contact information of the SELLER on the duaderm.com.tr website.

The BUYER declares that they have received the necessary confirmation electronically.

By confirming this contract electronically, the BUYER confirms that they have received accurate and complete information from the SELLER regarding the address, essential characteristics of the ordered products, the price of the products including taxes, and payment and delivery information, which must be provided to the Consumer before the conclusion of distance contracts.

4.2 The product subject to this contract will be delivered to the BUYER or the person/entity at the address indicated, within the time frame specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that this period does not exceed the legal 30-day limit. All shipping costs related to the delivery shown in Article 3 will be borne by the BUYER and will be reflected on their invoice under the name "Shipping Fee".

4.3 If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.

4.4 The SELLER cannot be held responsible for any problems the shipping company may encounter during delivery, resulting in the product not being delivered to the BUYER.

4.5 The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and with any warranty documents and user manuals, if applicable.

4.6 The SELLER may, for a justifiable reason, supply the BUYER with a different product of equal quality and price before the expiration of the performance obligation arising from this contract.

4.7 If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance obligation arising from this contract and may supply the BUYER with a different product of equal quality and price.

4.8 Delivery of the product is conditional upon the signed copy of this contract being delivered to the SELLER and payment being made using the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of the obligation to deliver the product.

4.9 The BUYER acknowledges and undertakes that the credit card information provided to the system during the purchase is correct and that they are solely responsible for all legal and criminal liabilities arising from the use of this credit card. If, after delivery of the product, the bank or financial institution fails to pay the product price to the SELLER due to the unauthorized or illegal use of the BUYER's credit card by unauthorized persons, not attributable to the BUYER's fault, the BUYER is obligated to return the product to the SELLER within 3 days, provided it has been delivered to them. In this case, the shipping costs shall be borne by the BUYER. If the BUYER fails to return the product, and if, for any reason, the product price is not collected from the credit card or is refunded to the credit card, the BUYER acknowledges and undertakes that the product price will be transferred to the SELLER's bank accounts without any further notice.

4.10 If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 days.

4.11 Points awarded to the customer by the SELLER through a campaign are valid for one purchase only. These points are non-refundable even if the product is returned.

For payments made by credit card, the product amount will be refunded to the relevant bank within 7 days of the BUYER canceling the order. Since the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank.

ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 days from the date of delivery of the product to himself or to the person/organization at the address indicated, without having to give any reason.

However, returns are not accepted for products specially prepared, offered for sale and/or imported for specific days such as New Year's, holidays, Mother's Day, and campaign and promotional products; the BUYER accepts these conditions by making the purchase.

To exercise the right of withdrawal, notification must be given to the SELLER by fax or email within the 14-day period and the product must be unused within the framework of the provisions of Article 6.

If the right of withdrawal is exercised, the following must be submitted:

a) The invoice for the product delivered to the third party or the BUYER (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued).

b) Return form.

c) The product to be returned must be delivered complete and undamaged, including its box, packaging, and any standard accessories, within 14 days. The product price will be refunded to the BUYER within 10 days of the SELLER receiving these documents.

The shipping cost for products returned due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.

When returning a product to the SELLER, the original invoice presented to the BUYER upon delivery of the product must also be returned (to ensure consistency in our accounting records). If the invoice is not sent to the SELLER along with the product, or at the latest within 5 days of shipment, the return process will not be completed, and the product will be returned to the BUYER with the shipping costs borne by the BUYER. The invoice to be returned with the product must be marked "return invoice" and signed by the BUYER.

ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Due to their nature, single-use products, software and programs that can be copied, and products that spoil quickly or are likely to expire are not eligible for return.

ARTICLE 7 – DEFAULT BY THE DEBTOR
In the event of default by the BUYER, the BUYER agrees to pay the SELLER for any loss and damage incurred due to the delayed performance of the obligation. In cases where the BUYER's default is due to the SELLER's fault, the BUYER shall not be obligated to compensate for any damages or losses.

ARTICLE 8 – COMPETENT COURT

In the application of this Preliminary Information, the Consumer Arbitration Boards and Consumer Courts in the place where the BUYER purchased the goods or services and where they reside, up to the value announced by the Ministry of Industry and Trade, shall have jurisdiction.
The SELLER may submit complaints and objections to the consumer arbitration board or consumer court in the place where the goods or services were purchased or where they reside, within the monetary limits determined annually in December by the Ministry of Industry and Trade of the Republic of Turkey. Information regarding the monetary limit is as follows:

Effective from 28/05/2014;

a) In accordance with Article 68 of Law No. 6502 on Consumer Protection, for disputes with a value below two thousand Turkish Lira, applications must be made to district consumer arbitration boards; for disputes with a value below three thousand Turkish Lira, applications must be made to provincial consumer arbitration boards; and in provinces with metropolitan status, for disputes between two thousand and three thousand Turkish Lira, applications must be made to provincial consumer arbitration boards. Applications cannot be made to consumer arbitration boards for disputes exceeding these values.

b) For disputes exceeding the specified values, applications must be made to the Consumer Court, or, in locations where a Consumer Court does not exist, to the Civil Court of First Instance acting as a Consumer Court.

This preliminary information is provided for commercial purposes.

Please Note: Before signing the delivery receipt, please check if your package is damaged during transport. If your package is damaged for any reason, please return the package to the courier without signing any delivery documents and request a damage report. We will immediately send you new products. In the event that products are received in a damaged shipping package, duaderm.com.tr is not responsible for any damage or missing items inside.

15. These terms and conditions are entirely subject to Turkish Law.

Prepared by  T-Soft E-Commerce.