Distance Sales Contract
SUBJECT AND SCOPE OF THE CONTRACT
The Distance Sales Contract ("Contract") has been arranged in accordance with the Law No. 6502 on the Protection of the Consumer ("Law") and the Regulation on Distance Contracts. The parties of the contract know their obligations and responsibilities arising from the Law and the Distance Contracts Regulation under the contract. and they accept and declare what they understand. The subject of the contract; The goods or services that the Buyer has electronically ordered for the purchase of the goods or services belonging to the Seller from the Histonica website named www.histonica The determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts regarding the sale and delivery. The conclusion of the contract will not prevent the execution of the provisions of the Website Membership Agreements that the parties have concluded separately with Histonica , and the parties do not agree that Histonica is not a party in any way in the sale of the contractual goods or service and any They accept and declare that they do not have any responsibility or commitment. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period. THE PRICE OF THE SUBJECT PRODUCT IS COLLECTED FROM THE BUYER BY Histonica on behalf of the SELLER UNDER THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOOD / SERVICE TO Histonica , IT WILL BE DEEMED TO PAY THE PRODUCT FEE TO THE SELLER.
DELIVERY OF THE GOODS AND METHOD OF DELIVERY
The contract entered into force upon being approved by the Buyer electronically, and it is fulfilled by the delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered to the address specified by the Buyer in the order form and the Contract and to the specified authorized person / persons.
DELIVERY COSTS AND PERFORMANCE
Unless otherwise stated, the delivery costs of the goods belong to the Buyer. If the seller declares on the Website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller. Delivery of the goods; after the payment is made within the promised time. The seller delivers the goods or service within 30 (thirty) days from the order of the goods or services by the Buyer, provided that the fulfillment of the goods or services subject to the order becomes impossible, without prejudice to the cases. If, for any reason, the price of the goods or services is not paid by the Buyer or the payment made is canceled in the bank records, the Seller shall be deemed to be free from the obligation to deliver the goods or services. The Buyer is responsible for the shipping cost in the order cancellations made by the Buyer after the goods have been shipped by the Seller, but before the Buyer receives it. In cases where the fulfillment of the goods or services subject to the order becomes impossible, the Seller will inform the Buyer within 3 (three) days from the date of learning about this situation and all the payments collected, including the delivery costs, if any, will be sent at the latest 14 (fourteen) days from the date of notification. will refund in.
BUYER'S DECLARATIONS AND COMMITMENTS
The Buyer declares that he has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics of the contractual goods or service, the sales price and payment method, and the delivery and shipping cost on the Website, and that he has given the necessary confirmation electronically. Buyers can submit their requests and complaints as consumers by using the above-mentioned Seller contact information and / or via My Account> Product Questions on the Website. The Buyer confirms the Contract and the Preliminary Information Form electronically, the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery and delivery confirmed that they have received the price information accurately and completely. happens. If the buyer is damaged, broken, the package is torn, etc. during delivery. In the event that he receives the goods or services subject to the Contract from the cargo company, which is clearly damaged and defective, the responsibility belongs entirely to him. If the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the fact that the credit card belonging to the Buyer is used unfairly or unlawfully by unauthorized persons after the delivery of the goods or services, provided that the Buyer has delivered the goods to him. or return the service to the Seller within 3 (three) days. is obliged to In this case, delivery costs belong to the Buyer.
SELLER'S DECLARATIONS AND COMMITMENTS
The seller is responsible for the delivery of the contractual goods or service to the Buyer in accordance with the consumer legislation, in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the seller cannot deliver the contractual goods or service within the due time due to force majeure or extraordinary circumstances that prevent transportation, he is obliged to notify the Buyer within 3 (three) days from the date of learning of the situation. If the contractual goods or service is to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
RIGHT OF WITHDRAWAL
The buyer may exercise his right of withdrawal within 14 (fourteen) days from the date of purchase, from the date of delivery in transactions related to the sale of goods, without undertaking any legal and criminal liability and without any justification. The buyer may also exercise his right of withdrawal within the period until the delivery of the goods. The buyer can use the right of withdrawal by logging into Histonica and clicking the "Return" link on My Account & Current Orders & Orders in Histonica. The buyer must fill in the return request form on the relevant page and receive the return address information of the seller, and return the goods within 10 (ten) days from the date of withdrawal. With the goods The invoice, the box of the product, its packaging, standard accessories, if any, and other products gifted with the goods must be returned in full and undamaged. The buyer is not responsible for the changes and deteriorations that occur if the product is used in accordance with its functioning, technical specifications and usage instructions within the withdrawal period. Withdrawal Detailed information on the exercise of the right is available on the page https: //www.Histonica / general / product-return-2082300 in Histonica. As long as it is sent with, the return shipping fee belongs to the Seller. In the event that the Seller, specified in the Preliminary Information Form, sends the goods to be returned by the Buyer with a cargo company other than the contracted cargo company, the return cargo price and the goods will be incurred in the shipping process. The Seller is not responsible for the damage. Within 14 (fourteen) days after the Buyer uses his right of withdrawal (provided that the goods are returned via the carrier specified by the Seller for return), all payments made by the Buyer to the Seller or the Intermediary Service Provider for the relevant goods or services are to the Buyer. in accordance with the means of payment used while purchasing and for any expense or It will be returned without obligation and in one go. In purchases made using credit, in cases where the right of withdrawal is used duly, the product price will be refunded to the account associated with the credit. Since Histonica IS NOT A PARTY OF THE DISTANCE SALES CONTRACT, THE BUYER DOES NOT HAVE THE RIGHT TO WITHDRAWAL AGAINST Histonica AND CANNOT REQUEST A REFUND OR PRODUCT CHANGE FROM Histonica.
CONDITIONS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
Pursuant to the legislation, the Buyer cannot use its right of withdrawal in the following cases. In contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the Seller (eg jewelry, gold and silver products) In the contracts related to the delivery of goods that are prepared in line with the wishes of the buyer or clearly his personal needs, which are not suitable for return due to their nature, and which are in danger of rapid deterioration or are likely to expire; Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; In contracts for the delivery of those whose return is not suitable for health and hygiene; In contracts for goods that are mixed with other products after delivery and cannot be separated by their nature; In the contracts regarding the books, audio or video recordings, software programs and computer consumables provided in the material environment provided that the protective elements such as packaging, tape, seal, package are opened by the buyer; In contracts related to the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement; In contracts regarding the utilization of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be done on a specific date or period; In contracts for the performance of betting and lottery related services; Before the expiration of the right of withdrawal, in the contracts related to the services started with the approval of the consumer; and In contracts related to services performed instantly in electronic environment and intangible goods delivered to the consumer instantly (gift card, gift voucher, voucher substitute for money and the like). Withdrawal in terms of goods or services that are excluded from the scope of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the buyer's residence with regular deliveries of the Seller, and services in areas such as travel, accommodation, restaurant, entertainment sector) the right cannot be used. The cancellation and return conditions of such goods and services offered for sale in the holiday category are subject to the practices and rules of each Seller.
RESOLUTION OF DISPUTES
The responsibility for the goods or services sold within the scope of the Law and Distance Contracts Regulation belongs to the Seller personally. In addition, Buyers will convey their complaints about the goods and services they purchase to the Sellers directly or via Histonica. In case the complaint is forwarded to Histonica, all possible support to solve the Histonica problem will provide. In the disputes that will arise regarding this Distance Sales Contract; Provincial or District Arbitration Committees for Consumer Problems in the place where the Buyer purchases the product in the place of residence or where the residence is located up to the value declared by the Ministry of Customs and Trade each year, and Consumer Courts are authorized in disputes over the said value.
PRICE OF GOODS / SERVICES
The cash or deferred sales price of the product is included in the order form, but is the price available in the information e-mail sent at the end of the order and the invoice sent to the customer with the product. Discounts, coupons, shipping costs and other applications made by the seller or Histonica are reflected in the sales price.
DEFAULT AND LEGAL RESULTS
In the event that the Buyer defaults on the transactions made by credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies; The Buyer may demand the costs and the attorney's fee from the Buyer, and in any case, if the Buyer goes into default due to the debt, the Buyer will be responsible for the loss and damage suffered by the Seller due to the delayed performance of the debt of the Buyer. NOTIFICATIONS AND EVIDENCE AGREEMENT
Any correspondence between the parties under the contract will be made via My Account & Product Questions or e-mail, except for the obligatory cases listed in the legislation. The Buyer declares that, in the disputes that may arise from the Contract, the official books and commercial records of the Seller and Histonica, the electronic information and computer records kept in its database and servers will constitute binding, conclusive and exclusive evidence, and that this article shall constitute binding, conclusive and exclusive evidence. It accepts, declares and undertakes that it is in the nature of an evidence agreement.
FORCE
This Agreement, which consists of 14 (fourteen) articles, was read by the parties and entered into force on 11/09/2019, after being approved by the Buyer electronically.
The Distance Sales Contract ("Contract") has been arranged in accordance with the Law No. 6502 on the Protection of the Consumer ("Law") and the Regulation on Distance Contracts. The parties of the contract know their obligations and responsibilities arising from the Law and the Distance Contracts Regulation under the contract. and they accept and declare what they understand. The subject of the contract; The goods or services that the Buyer has electronically ordered for the purchase of the goods or services belonging to the Seller from the Histonica website named www.histonica The determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts regarding the sale and delivery. The conclusion of the contract will not prevent the execution of the provisions of the Website Membership Agreements that the parties have concluded separately with Histonica , and the parties do not agree that Histonica is not a party in any way in the sale of the contractual goods or service and any They accept and declare that they do not have any responsibility or commitment. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period. THE PRICE OF THE SUBJECT PRODUCT IS COLLECTED FROM THE BUYER BY Histonica on behalf of the SELLER UNDER THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOOD / SERVICE TO Histonica , IT WILL BE DEEMED TO PAY THE PRODUCT FEE TO THE SELLER.
DELIVERY OF THE GOODS AND METHOD OF DELIVERY
The contract entered into force upon being approved by the Buyer electronically, and it is fulfilled by the delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered to the address specified by the Buyer in the order form and the Contract and to the specified authorized person / persons.
DELIVERY COSTS AND PERFORMANCE
Unless otherwise stated, the delivery costs of the goods belong to the Buyer. If the seller declares on the Website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller. Delivery of the goods; after the payment is made within the promised time. The seller delivers the goods or service within 30 (thirty) days from the order of the goods or services by the Buyer, provided that the fulfillment of the goods or services subject to the order becomes impossible, without prejudice to the cases. If, for any reason, the price of the goods or services is not paid by the Buyer or the payment made is canceled in the bank records, the Seller shall be deemed to be free from the obligation to deliver the goods or services. The Buyer is responsible for the shipping cost in the order cancellations made by the Buyer after the goods have been shipped by the Seller, but before the Buyer receives it. In cases where the fulfillment of the goods or services subject to the order becomes impossible, the Seller will inform the Buyer within 3 (three) days from the date of learning about this situation and all the payments collected, including the delivery costs, if any, will be sent at the latest 14 (fourteen) days from the date of notification. will refund in.
BUYER'S DECLARATIONS AND COMMITMENTS
The Buyer declares that he has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics of the contractual goods or service, the sales price and payment method, and the delivery and shipping cost on the Website, and that he has given the necessary confirmation electronically. Buyers can submit their requests and complaints as consumers by using the above-mentioned Seller contact information and / or via My Account> Product Questions on the Website. The Buyer confirms the Contract and the Preliminary Information Form electronically, the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery and delivery confirmed that they have received the price information accurately and completely. happens. If the buyer is damaged, broken, the package is torn, etc. during delivery. In the event that he receives the goods or services subject to the Contract from the cargo company, which is clearly damaged and defective, the responsibility belongs entirely to him. If the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the fact that the credit card belonging to the Buyer is used unfairly or unlawfully by unauthorized persons after the delivery of the goods or services, provided that the Buyer has delivered the goods to him. or return the service to the Seller within 3 (three) days. is obliged to In this case, delivery costs belong to the Buyer.
SELLER'S DECLARATIONS AND COMMITMENTS
The seller is responsible for the delivery of the contractual goods or service to the Buyer in accordance with the consumer legislation, in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the seller cannot deliver the contractual goods or service within the due time due to force majeure or extraordinary circumstances that prevent transportation, he is obliged to notify the Buyer within 3 (three) days from the date of learning of the situation. If the contractual goods or service is to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
RIGHT OF WITHDRAWAL
The buyer may exercise his right of withdrawal within 14 (fourteen) days from the date of purchase, from the date of delivery in transactions related to the sale of goods, without undertaking any legal and criminal liability and without any justification. The buyer may also exercise his right of withdrawal within the period until the delivery of the goods. The buyer can use the right of withdrawal by logging into Histonica and clicking the "Return" link on My Account & Current Orders & Orders in Histonica. The buyer must fill in the return request form on the relevant page and receive the return address information of the seller, and return the goods within 10 (ten) days from the date of withdrawal. With the goods The invoice, the box of the product, its packaging, standard accessories, if any, and other products gifted with the goods must be returned in full and undamaged. The buyer is not responsible for the changes and deteriorations that occur if the product is used in accordance with its functioning, technical specifications and usage instructions within the withdrawal period. Withdrawal Detailed information on the exercise of the right is available on the page https: //www.Histonica / general / product-return-2082300 in Histonica. As long as it is sent with, the return shipping fee belongs to the Seller. In the event that the Seller, specified in the Preliminary Information Form, sends the goods to be returned by the Buyer with a cargo company other than the contracted cargo company, the return cargo price and the goods will be incurred in the shipping process. The Seller is not responsible for the damage. Within 14 (fourteen) days after the Buyer uses his right of withdrawal (provided that the goods are returned via the carrier specified by the Seller for return), all payments made by the Buyer to the Seller or the Intermediary Service Provider for the relevant goods or services are to the Buyer. in accordance with the means of payment used while purchasing and for any expense or It will be returned without obligation and in one go. In purchases made using credit, in cases where the right of withdrawal is used duly, the product price will be refunded to the account associated with the credit. Since Histonica IS NOT A PARTY OF THE DISTANCE SALES CONTRACT, THE BUYER DOES NOT HAVE THE RIGHT TO WITHDRAWAL AGAINST Histonica AND CANNOT REQUEST A REFUND OR PRODUCT CHANGE FROM Histonica.
CONDITIONS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
Pursuant to the legislation, the Buyer cannot use its right of withdrawal in the following cases. In contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the Seller (eg jewelry, gold and silver products) In the contracts related to the delivery of goods that are prepared in line with the wishes of the buyer or clearly his personal needs, which are not suitable for return due to their nature, and which are in danger of rapid deterioration or are likely to expire; Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; In contracts for the delivery of those whose return is not suitable for health and hygiene; In contracts for goods that are mixed with other products after delivery and cannot be separated by their nature; In the contracts regarding the books, audio or video recordings, software programs and computer consumables provided in the material environment provided that the protective elements such as packaging, tape, seal, package are opened by the buyer; In contracts related to the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement; In contracts regarding the utilization of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be done on a specific date or period; In contracts for the performance of betting and lottery related services; Before the expiration of the right of withdrawal, in the contracts related to the services started with the approval of the consumer; and In contracts related to services performed instantly in electronic environment and intangible goods delivered to the consumer instantly (gift card, gift voucher, voucher substitute for money and the like). Withdrawal in terms of goods or services that are excluded from the scope of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the buyer's residence with regular deliveries of the Seller, and services in areas such as travel, accommodation, restaurant, entertainment sector) the right cannot be used. The cancellation and return conditions of such goods and services offered for sale in the holiday category are subject to the practices and rules of each Seller.
RESOLUTION OF DISPUTES
The responsibility for the goods or services sold within the scope of the Law and Distance Contracts Regulation belongs to the Seller personally. In addition, Buyers will convey their complaints about the goods and services they purchase to the Sellers directly or via Histonica. In case the complaint is forwarded to Histonica, all possible support to solve the Histonica problem will provide. In the disputes that will arise regarding this Distance Sales Contract; Provincial or District Arbitration Committees for Consumer Problems in the place where the Buyer purchases the product in the place of residence or where the residence is located up to the value declared by the Ministry of Customs and Trade each year, and Consumer Courts are authorized in disputes over the said value.
PRICE OF GOODS / SERVICES
The cash or deferred sales price of the product is included in the order form, but is the price available in the information e-mail sent at the end of the order and the invoice sent to the customer with the product. Discounts, coupons, shipping costs and other applications made by the seller or Histonica are reflected in the sales price.
DEFAULT AND LEGAL RESULTS
In the event that the Buyer defaults on the transactions made by credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies; The Buyer may demand the costs and the attorney's fee from the Buyer, and in any case, if the Buyer goes into default due to the debt, the Buyer will be responsible for the loss and damage suffered by the Seller due to the delayed performance of the debt of the Buyer. NOTIFICATIONS AND EVIDENCE AGREEMENT
Any correspondence between the parties under the contract will be made via My Account & Product Questions or e-mail, except for the obligatory cases listed in the legislation. The Buyer declares that, in the disputes that may arise from the Contract, the official books and commercial records of the Seller and Histonica, the electronic information and computer records kept in its database and servers will constitute binding, conclusive and exclusive evidence, and that this article shall constitute binding, conclusive and exclusive evidence. It accepts, declares and undertakes that it is in the nature of an evidence agreement.
FORCE
This Agreement, which consists of 14 (fourteen) articles, was read by the parties and entered into force on 11/09/2019, after being approved by the Buyer electronically.