GENERAL CONDITIONS OF DISTANCE SALE
| Title |
: |
Novatemed Innoceuticals Inc. |
| Address |
: |
Ahi Evran Cad. Nurol Plaza No:1H 34398 Maslak - Istanbul / TURKEY |
| Tel |
: |
+90 212 276 40 40 |
| Fax |
: |
+90 212 276 60 80 |
| E-mail |
: |
info@novatemed.com |
Client
Real person or legal entity (“Client”) who is a member of the web site www.novatemed.com (“Web Site”) or other web sites of Novatemed Innoceuticals and/or who uses or benefits from the goods or services in such Web Site.
1. Subject and Purpose
The subject of this General Conditions of Distance Sale (“General Conditions”) is to determine the rights and liabilities of the Seller and the Client as per the provisions of the Law on the Protection of Consumers numbered 4077, Regulation on the Distance Contracts numbered 27866 and other relevant legislations.
The Client shall be considered to have read and accepted these General Conditions with regard to the sale and delivery of the dermocosmetic products, dermaceutical products, products providing dietary supplements and human medications (“Product”) ordered through the Web Site.
2. Delivery of the Product and Performance
The Product shall be delivered by cargo to the address specified by the Client in written form. Cargo expenses shall belong to the Client. In the event that (i) the Client is not present at the address at the moment of delivery, (ii) the specified address does not exist, and (iii) someone else takes the delivery of the Product at the address on behalf of the Client, the Seller shall be considered as performed its acts fully and completely. The Client shall be liable for all kinds of damages arising from the late receipt of the Product by the Client and/or for all kinds of losses and expenses arising from the Product being kept at the cargo company for any reason and/or from the return of the cargo to the Seller for any reason whatsoever.
The Seller shall deliver the Product to the cargo company within 30 (thirty) days from the order date. This period of 30 (thirty) days can be extended by the Seller for at most 10 (ten) days, by giving written notice. The preliminary conditions for the Seller to be bound by the Client’s order are (i) the online acceptance of these General Conditions as directed by the content of the Web Site, and (ii) the full and complete payment by the Client pertaining to the said order, again as directed by the Web Site. In the event that the Product price is not paid or is withdrawn or cancelled by means of the bank for any reason, the Seller shall be considered as released from the obligation of Product delivery.
3. Force Majeure
In the event that the Seller cannot deliver the Product within due period due to the Product being out of the stock and/or in cases of similar commercial impossibilities, unexpected conditions, force majeure or adverse weather conditions preventing the shipment and extraordinary conditions such as the interruption of transportation, the Seller shall notify the Client about such event by contacting through one of the communication details submitted by the Client during the registration to the Web Site and the order submission. In the event that the Client cancels the order, the paid amount and documents, if any, shall be returned by the Seller within 10 (ten) days.
4. Declaration and Commitments of the Client
The Client is liable to notify the defect to the Seller within 30 (thirty) days from the delivery date of the defective product. In this case, the Client shall have the right to demand the cancellation of the order, the replacement of the product with a non-defective one, a discount corresponding to the defect, or the repair for free.
The protection of the Product with due care as of its delivery shall belong to the Client. The Seller shall not be responsible for the damages that may arise due to the failure of the Client to protect the Product carefully.
In the event that the Product is delivered despite the full payment is not made, the Client is liable to return the Product to the Seller within 3 (three) days. In this case, return expenses shall belong to the Client.
5. Declarations and Commitments of the Seller
The Seller is liable to deliver the Product in a good, complete condition in line with the qualifications specified in the order together with the warranty documents and user manual if any. If the Product will be delivered to a person/institution other than the Client, the Seller shall not be responsible for the non-acceptance of the delivery by the person/institution whom the delivery will be made to.
6. Payment
Products available in the stock shall be specified in the Web Site. Payments about orders made for these Products shall be made by credit card in advance or by installments or by means of money order. In the event that the Product is not available in stocks, the Seller shall notify the date of delivery of the Product to Client by e-mail within 3 (three) days upon taking the order. The Client is required to make the payment after the e-mail confirmation.
7. Right of Withdrawal
The Client may use the right of withdrawal without showing any reason within 7 (seven) days as of the date of delivery of the Product to the Client or to the person/institution at the specified address. The Seller is obliged to refund the amount received from the Client and all kinds of documents (negotiable instruments and document binding the Client as a result of this legal transaction) within 10 (ten) days from the receipt of the withdrawal notification and to take the product back within 20 (twenty) days. In the event that the original invoice is not sent to the Seller by the Client, VAT and other legal liabilities, if any, shall not be returned to the Client. The return costs of the Product returned due to the right of withdrawal shall be met by the Client.
8. Products for which the Right of Withdrawal cannot be Used
Perishable and/or expired and/or single-use products, other similar products including without limitation all kinds of duplicable software and programs are non-returnable Products due to their characteristics. It is compulsory that all kinds of media products pertaining to the software and programs (DVD, DIVX, VCD, CD, MD, BLUE-RAY, etc.), computer and consumables (toner, cartridge, band, etc.), cosmetic products should remain untouched, unimpaired and unused together with their packages in order to be returned within the scope of the right of withdrawal.
9. Default and Legal Results
In case of Client’s default in transactions carried out with credit card, credit card owner shall pay an interest and shall be held liable against the bank within the scope of the credit card agreement entered into with the bank. In this case, relevant bank may take legal actions and request from the Client the expenses incurred together with the attorney fee. In each case, the Client accepts to compensate the damages of the Seller arising from the late performance of the debt in the event of Client’s default.
10. Authorized Court
In all kinds of disputes arising from these General Conditions, the Consumer Arbitration Committee in the domicile region of the Client and the Seller shall be authorized up to the value declared by the Ministry of Industry and Trade; whereas the Consumer Courts in the domicile region of the Client and the Seller shall be authorized in disputes exceeding such declared value. In case there is no Consumer Court established in a given place, Civil Courts of General Jurisdiction shall be authorized.