1. PARTIES

This Agreement is entered into between the following parties under the terms and conditions specified below:

A. BUYER (hereinafter referred to as the “BUYER” in the contract)

  • Name/Surname/Title: Address: Phone: E-mail:

B. SELLER (hereinafter referred to as the “SELLER” in the contract)

  • NAME-SURNAME: ESPOİR SUİSSE HEALTH PRODUCTS MARKETING INC.
  • ADDRESS: Nida Kule Ataşehir Nida Kule, Barbaros Mahallesi, Begonya Sok. No:1/2 B265 West Ataşehir/ Ataşehir / Istanbul

By accepting this agreement, the BUYER acknowledges and accepts that by confirming the order subject to the contract, they will be obligated to pay the order amount, and any additional fees such as shipping costs, taxes, as specified, and acknowledges being informed thereof in advance.

2. DEFINITIONS

The following terms used in this agreement shall have the meanings set forth opposite them for the purposes of application and interpretation:

MINISTER: The Minister of Customs and Trade, MINISTRY: The Ministry of Customs and Trade, LAW: Law No. 6502 on the Protection of Consumers, REGULATION: Regulation on Distance Contracts (OG: 27.11.2014/29188) SERVICE: The subject of any consumer transaction other than the provision of goods in return for a fee or benefit, SELLER: The company offering goods to consumers within the scope of commercial or professional activities or acting on behalf of or on behalf of the provider of goods, BUYER: The natural or legal person acquiring, using, or benefiting from goods or services for non-commercial or professional purposes, SITE: The website owned by the SELLER, ORDERING PARTY: The natural or legal person requesting goods or services via the SELLER’s website, PARTIES: The SELLER and the BUYER, CONTRACT: This contract concluded between the SELLER and the BUYER, GOODS: The movable goods subject to purchase and non-material goods such as software, sound, image, and similar prepared for use in electronic media.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product specified below, which the BUYER ordered electronically through the website of the SELLER, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a certain period are valid until the end of the specified period.

4. SELLER INFORMATION ESPOİR SUİSSE SAĞLIK ÜRÜNLERİ PAZARLAMA A.Ş. Nida Kule Ataşehir Nida Kule, Barbaros Mahallesi, Begonya Sok. No:1/2 B265 Batı Ataşehir/ Ataşehir / İstanbul Tel: +90 532 654 8490 Eposta : info@dpoir-beaute.com

5. GENERAL PROVISIONS

5.1. The BUYER acknowledges, declares, and undertakes to have read and informed themselves of the basic characteristics of the product, sales price, and payment method, as well as the preliminary information regarding delivery on the SELLER’s website, and to provide the necessary confirmation in electronic form. The BUYER acknowledges, declares, and undertakes to have obtained accurate and complete information regarding the address to be provided to the BUYER by the SELLER, the basic features of the ordered products, the prices of the products including taxes, payment, and delivery information before the conclusion of the distance sales contract.

5.2. Each product subject to the contract shall be 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 place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER shall have the right to terminate the contract.

5.3. The SELLER undertakes to deliver the product subject to the contract in full, in accordance with the specified qualifications in the order, with any warranty documents, usage manuals, necessary information, and documents required for the job, free from any defects, in compliance with the standards, and in accordance with the principles of honesty and integrity, to maintain and improve the quality of service, to show necessary care and diligence in the performance of the work, and to act with caution and foresight.

5.4. Before the expiration of the performance obligation arising from the contract, the SELLER may, by informing the BUYER and obtaining explicit consent, supply a different product of equal quality and price.

5.5. If it becomes impossible for the SELLER to fulfill the obligations under the contract regarding the ordered product or service, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date they become aware of this situation and to refund the total amount to the BUYER within 14 days.

5.6. The BUYER agrees, declares, and undertakes to confirm this Agreement electronically for the delivery of the contracted product. In case the payment for the contracted product is not made for any reason and/or is canceled in the bank records, the BUYER accepts, declares, and undertakes that the SELLER’s obligation to deliver the contracted product will be terminated.

5.7. After the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER accepts, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days at the expense of the SELLER.

5.8. In case the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure events that occur beyond the control of the parties, are unforeseeable, and prevent the parties from fulfilling their obligations, the SELLER accepts, declares, and undertakes to notify the BUYER. The BUYER has the right to request cancellation of the order, replacement of the product subject to the contract with its equivalent, and/or postponement of the delivery period until the obstructive situation is eliminated from the SELLER. In case the BUYER cancels the order, in payments made by cash, the product price is refunded to the BUYER in cash and in full within 14 days. In payments made by the BUYER with a credit card, the product price is refunded to the relevant credit card within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that it may take an average of 2 to 3 weeks for the refunded amount to be reflected in the BUYER’s accounts by the bank after the amount refunded to the credit card by the SELLER, and that the process of reflecting this amount into the accounts is entirely related to the bank transaction process, and therefore, the BUYER cannot hold the SELLER responsible for possible delays.

5.9. The SELLER has the right to contact the BUYER via mail, email, SMS, phone calls, and other means for communication, marketing, notification, and other purposes through the address, email address, landline and mobile phone numbers, and other contact information specified by the BUYER on the website registration form or subsequently updated by the BUYER. The SELLER also has the right to share this information with the SHIPPING COMPANY responsible for delivering the order and the AGENCY COMPANY for sending e-invoices/e-archive invoices. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the communication activities mentioned above.

5.10. The BUYER will inspect the product/service before accepting delivery; if the product/service is damaged, broken, the packaging is torn, or defective in any way, the BUYER will not accept delivery from the shipping company. It will be deemed that the delivered product/service is undamaged and intact. After delivery, the obligation to protect the product/service with care belongs to the BUYER. If the right of withdrawal is to be exercised, the product/service should not be used. The invoice must be returned with all its copies.

5.11. If the holder of the credit card used during the order process is not the same person as the BUYER, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or a letter from the bank stating that the credit card belongs to the cardholder. The order will be put on hold until the BUYER provides the requested information/documents, and if these requests are not fulfilled within 24 hours, the SELLER reserves the right to cancel the order.

5.12. The BUYER declares and undertakes that the personal and other miscellaneous information provided when becoming a member of the SELLER’s website is accurate, and in case the SELLER incurs any damages due to the inaccuracy of this information, the BUYER will immediately, in cash and in full upon the SELLER’s first notification, indemnify the SELLER.

5.13. The BUYER undertakes to comply with the provisions of the legislation and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities arising therefrom will bind the BUYER entirely and exclusively.

5.14. The BUYER cannot use the SELLER’s website in a manner that disrupts public order, contradicts general morality, disturbs or harasses others, violates the rights, both material and spiritual, of others, or for an unlawful purpose, or engage in activities that prevent or complicate others from using the services (spam, virus, Trojan horse, etc.).

5.15. Links may be provided from the SELLER’s website to other websites owned and/or operated by third parties not under the control of the SELLER. These links are provided to facilitate navigation for the BUYER and do not imply endorsement of any website or the person operating that site, and do not guarantee the accuracy of the information contained on the linked website.

5.16. The member who violates one or more of the articles listed in this contract shall be personally responsible, both criminally and legally, for such violations and shall indemnify the SELLER against the legal and criminal consequences of these violations. Furthermore, in the event of a violation of this nature, if the matter is brought into the legal domain, the SELLER reserves the right to claim damages from the member for non-compliance with the membership agreement.

6.Right of Withdrawal

6.1. If the distance contract concerns the sale of goods, the BUYER may exercise the right of withdrawal from the contract within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/entity at the specified address, without assuming any legal or criminal liability and without giving any reason, provided that they inform the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. In service contracts where the service has started with the consumer’s approval before the end of the withdrawal period, the right of withdrawal cannot be exercised. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.

6.2. In order to exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail with return receipt requested, fax, or email within the 14-day period, and the product must not have been used within the framework of the provisions regarding “Products for Which the Right of Withdrawal Cannot Be Used” specified in this contract. When exercising this right: a) The invoice of the product delivered to a third party or to the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced on behalf of corporations will not be completed if the RETURN INVOICE is not issued.) b) Return form, c) The box and packaging of the products to be returned, along with any standard accessories and products provided, must be delivered intact and undamaged. d) The SELLER is obliged to refund the total price and return any documents that put the BUYER under obligation to the BUYER within a maximum of 10 days from the date the withdrawal notification reaches them, and to take back the goods within a period of 20 days. e) If there is a decrease in the value of the goods due to the fault of the BUYER or if it becomes impossible to return the goods, the BUYER is liable to compensate the damages of the SELLER in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations in the goods or products due to proper use during the withdrawal period. f) In case the campaign limit amount set by the SELLER is not met due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is canceled.

7.PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

7.1. If the BUYER wishes to return the purchased product, they must fill out the return form accessible via the contact page and send it to the SELLER within 14 days from the date the order was delivered to them, via email to the SELLER’s contact address info@dpoir-beaute.com. The right of return, which is not used within 14 days from the delivery of the product to the BUYER, will no longer be applicable. Within 3 business days after the return form reaches the SELLER, the SELLER will send the BUYER an email containing a return code valid for 3 days and information about the courier company that the return code can be used with. Unused return codes will lose their validity within this period, and the responsibility for this lies with the BUYER.

Upon the arrival of the returned product to the SELLER, the SELLER will conduct an examination to determine whether the product meets the conditions specified in Article 6 titled “RIGHT OF WITHDRAWAL” and Article 7 titled “PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED.” The SELLER reserves the right to reject the return requests for products that do not meet these conditions. Following the examination conducted by the SELLER, a notification email will be sent to the BUYER regarding whether the return request for the product has been accepted or not.

Refunds for products whose return requests are accepted may vary depending on the banks and will be processed as soon as possible. Products for which return requests are not accepted will not be returned for a refund to the address of the last delivery transaction.

8. DEFAULT AND LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that in case of default when making payment transactions by credit card, he will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney’s fees that may arise from the BUYER, and under any circumstances, in case of default due to the BUYER’s debt, the BUYER accepts, declares and undertakes to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.

9. AUTHORIZED COURT

In disputes arising from this contract, complaints and objections will be made to the arbitration committee or consumer court on consumer issues in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law below. Information regarding the monetary limit is below:
Effective as of 28/05/2014:
a) In accordance with Article 68 of the Law on Consumer Protection No. 6502, to district consumer arbitration committees in disputes with a value below 2,000.00 (two thousand) TL,
b) To provincial consumer arbitration committees in disputes with a value below 3,000.00 (three thousand) TL,
c) In provinces with metropolitan status, applications are made to provincial consumer arbitration committees in disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is concluded for commercial purposes.

When the BUYER makes the payment for the order placed on the Site, he/she is deemed to have accepted all the terms of this agreement.
The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is placed.

SELLER: ESPOİR SUİSSE SAĞLIK ÜRÜNLERİ PAZARLAMA A.Ş.
BUYER :
HISTORY :