Terms of Sale
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
A. ‘BUYER’ ; (hereinafter referred to as "BUYER" in the agreement)
NAME-SURNAME:
ADDRESS:
B. ‘SELLER’ ; (hereinafter referred to as "SELLER" in the agreement)
NAME-SURNAME: Vital Glam
ADDRESS: Sukrupasa Neighborhood, Rahmani Oğlu Afet Street, No: 36/C,
Yakutiye, Erzurum, Turkey
By accepting this agreement, the BUYER acknowledges and agrees in advance that if they approve the order subject to the agreement, they will be obliged to pay the order price and any additional fees such as shipping fees and taxes, and that they have been informed about this.
2. DEFINITIONS
In the application and interpretation of this agreement, the following terms shall express the written explanations opposite them.
SERVICE: Refers to all kinds of consumer transactions other than the provision of goods, which are made or promised to be made for a fee or benefit,
SELLER: Refers to the company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf of or on account of the goods provider,
BUYER: Refers to the real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: Refers to the SELLER's website,
ORDERER: Refers to the real or legal person who requests a good or service through the SELLER's website,
PARTIES: Refers to the SELLER and the BUYER,
AGREEMENT: Refers to this agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to shopping and intangible goods such as software, audio, video and similar goods prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the legislation in the relevant country regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER orders electronically through the SELLER's website.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until an update is made and changed. Prices announced for a limited time are valid until the end of the specified period.
4. SELLER INFORMATION
Title : Vital Glam
Address: Sukrupasa Neighborhood, Rahmani Oğlu Afet Street, No: 36/C,
Yakutiye, Erzurum, Turkey
Phone: +905386362932
Whatsapp: +905386362932
Email: info@vitalglam.shop
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Phone
Fax
Email/username
6. ORDERER INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
7.1. The basic features of the goods/products/services (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If a campaign is organized by the seller, you can review the basic features of the relevant product during the campaign period. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until an update is made and changed. Prices announced for a limited time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the agreement, including all taxes, is shown below.
Product Description
Quantity
Unit Price
Subtotal (Including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Person to be delivered
Invoice Address
Order Date
Delivery date
Delivery method
7.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address together with the order during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that they have read and are informed about the basic qualities, sales price, payment method and delivery of the product subject to the agreement on the SELLER's website, and that they have given the necessary confirmation electronically. The BUYER; accepts, declares and undertakes that they have accurately and completely obtained the address, basic features of the ordered products, the price of the products including taxes, and payment and delivery information, which must be provided by the SELLER to the BUYER before the establishment of the distance sales contract, by confirming the Preliminary Information electronically.
9.2. Each product subject to the agreement 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 place of residence, provided that it does not exceed the legal 30-day period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.
9.3. 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 business, free from all kinds of defects, in accordance with the legal legislation requirements, in a solid and standard manner, to perform the work within the principles of accuracy and honesty, to maintain and improve service quality, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the expiry of the performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill its contractual obligations in case the ordered product or service cannot be supplied, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days from the date of learning about this situation, and to return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that the SELLER's obligation to deliver the product subject to the Agreement will end if the price of the product subject to the Agreement is not paid for any reason and/or is canceled in the bank records.
9.7. If the relevant bank or financial institution does not pay the SELLER the price of the product subject to the contract due to the unauthorized use of the BUYER's credit card by unauthorized persons 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, the BUYER accepts, declares and undertakes to return the product subject to the contract to the SELLER within 3 days, with the shipping cost belonging to the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure such as the occurrence of force majeure events that develop beyond the will of the parties, are unpredictable and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the product subject to the contract with its equivalent, if any, and/or postpone the delivery period until the obstructive situation disappears. If the order is canceled by the BUYER, in cash payments made by the BUYER, the product price is paid to the BUYER in cash and in full within 14 days. In credit card payments made by the BUYER, the product price 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 for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take 2 to 3 weeks, and that the BUYER cannot hold the SELLER responsible for possible delays, since the reflection of this amount to the BUYER's accounts after it is returned to the bank is entirely related to the bank's processing process.
9.9. The SELLER has the right to reach the BUYER through letters, e-mails, SMS, telephone calls and other means for communication, marketing, notification and other purposes 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 updated later by the BUYER. By accepting this agreement, the BUYER accepts and declares that the SELLER can carry out the above-mentioned communication activities for them.
9.10. The BUYER will examine the goods/services subject to the contract before receiving them; will not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The delivered goods/services will be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability regarding the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit 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 card holder's bank stating that the credit card belongs to them. The order will be frozen during the period until the BUYER provides the information/documents subject to the request, and the SELLER has the right to cancel the order if the said requests are not met within 24 hours.
9.12. The BUYER declares and undertakes that the personal and other information they provide while registering on the SELLER's website is accurate, and that they will immediately, in cash and in full, compensate all damages that the SELLER may incur due to the inaccuracy of this information, upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal obligations arising from this will be entirely and exclusively binding on the BUYER.
9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. In addition, members cannot engage in activities (spam, viruses, trojan horses, etc.) that prevent or make it difficult for others to use services.
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided through the SELLER's website. These links are provided for the convenience of the BUYER and do not support any website or the person operating that site, and do not constitute any guarantee for the information contained in the linked website.
9.16. A member who violates one or more of the articles listed in this agreement shall be personally responsible criminally and legally due to this violation, and shall keep the SELLER harmless from the legal and criminal consequences of these violations. In addition; In case the event is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is related to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods without assuming any legal and criminal liability and without giving any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address they indicated. In distance contracts related to service delivery, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's approval before the expiry of the withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER accepts in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail with return receipt, fax or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for Which Right of Withdrawal Cannot Be Exercised" provisions in this agreement. In case this right is exercised,
a) The invoice of the product delivered to the 3rd party or 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 while returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging and standard accessories of the products to be returned, if any, must be delivered complete and undamaged.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the date of receipt of the withdrawal notification, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason arising from the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products during the withdrawal period.
f) If the campaign limit amount determined by the SELLER falls below the campaign limit amount due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products that are prepared in line with the BUYER's requests or clearly personal needs and are not suitable for return, underwear bottom parts, swimwear and bikini bottoms, make-up materials, disposable products, goods that are likely to deteriorate quickly or expire, products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, services that are performed instantly in electronic environment or intangible goods that are delivered to the consumer instantly, and the return of audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, whose packaging has been opened by the BUYER, is not possible according to the Regulation. In addition, it is not possible to exercise the right of withdrawal for services whose performance has started with the consumer's approval before the expiry of the right of withdrawal period, according to the Regulation.
Cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untried, undamaged and unused in order to be returned.
12. DEFAULT STATUS AND LEGAL CONSEQUENCES
If the BUYER makes the payment transactions by credit card, the BUYER accepts, declares and undertakes that they will pay interest within the framework of the credit card agreement between the cardholder bank and the bank, and that they will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; may request the expenses and attorney fees from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this agreement, complaints and objections shall be made to the consumer arbitration committee or consumer court at the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the following law.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order they placed through the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements so that the BUYER reads and accepts this agreement on the site before the order is placed.
SELLER: Vital Glam
BUYER:
DATE: