Sales Contract

CONTRACT TEXT

Distance Sales Contract
ARTICLE 1 - PARTIES TO THE CONTRACT
SELLER INFORMATION:
Title: MESMED HEALTH COSMETICS FOOD PRODUCTION MARKETING IMPORT EXPORT LIMITED COMPANY Address: KOCASİNAN MERKEZ MAH. PAŞA Str. NO: 40 B BAHÇELİEVLER/ İSTANBUL

Central Registry Number: 3963496026800017
Trade Registry Number: 924132-0
Phone: (212) 993 17 93
Customer Service: 0506 150 00 50
Web Address: www.mesmed.com.tr
Email: info@mesmed.com.tr
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BUYER/CONSUMER INFORMATION:
Name Surname/Title:
Address:
Telephone:
Email:

The Buyer's name/surname, title if any, address, telephone and e-mail information are deemed correct as the information provided during membership at www.mesmed.com.tr or transmitted to the Seller using intermediary services such as Google or Facebook. Personal data provided within the scope of this contractual relationship is processed in accordance with the Personal Data Protection Law No. 6698 and the relevant legislation within the scope of the explanations in the "Privacy Policy and Disclosure Text" on the Seller's website and mobile application.

By purchasing a product/service from the Seller, the Consumer accepts, declares and undertakes that he/she has read this Distance Sales Agreement ("Agreement") in its entirety, fully understood its content and approved all its provisions. Similarly, the Seller declares and undertakes the following to the Consumer. Therefore, the Consumer undertakes that the information provided by the Consumer when purchasing the service is accurate.

The Buyer and the Seller will be referred to individually as a “Party” and collectively as the “Parties” within the scope of this Agreement.

ARTICLE 2 - SUBJECT OF THE AGREEMENT:
2.1. The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188, regarding the sale and delivery of goods/services that the Buyer has ordered electronically from the Seller's www.mesmed.com.tr website ("Website") and/or mobile application, and that have the qualities mentioned in the Agreement and whose sales price and payment method are also specified in the Agreement. The provisions of the Turkish Code of Obligations and the Turkish Commercial Code shall apply to Buyers who are not considered consumers.

2.2. The Buyer accepts and declares that he/she has been informed by the Seller in a clear, understandable and internet-friendly manner about the Seller's name, title, full address, telephone and other contact information, basic characteristics of the goods/services subject to sale, sales price including taxes, payment method, delivery conditions, right of withdrawal and expenses, etc., all preliminary information about the goods subject to sale, the use of the right of withdrawal and how to use this right, official authorities to whom complaints and objections can be submitted, etc., that he/she has confirmed the preliminary information electronically, read, understood, is aware of his/her rights and obligations and subsequently ordered the goods, in accordance with the provisions of this Agreement.

2.3. The preliminary information on the payment page of the www.mesmed.com.tr website and mobile application and the invoice issued upon the order placed by the Buyer are integral parts of this Agreement.

ARTICLE 3 - CONTRACT DATE:
The contract date is the order date, which is the date on which the order is placed by the Buyer.

ARTICLE 4 - DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE OF THE CONTRACT, METHOD OF DELIVERY AND DELIVERY COSTS:
4.1. The Product will be delivered to the delivery address specified by the Buyer in the "Delivery" section on the invoicing screen.

4.2. Delivery costs are the responsibility of the Buyer, unless otherwise stated by the Seller. If the Seller has declared that the delivery fee of those who shop above the amount declared on the website or mobile application will be covered by the Seller, the delivery cost is the responsibility of the Seller. In addition, the Seller reserves the right to conduct a campaign regarding the delivery fee, change the terms of the campaign and/or stop the campaign. In cases where the delivery fee is not paid by the Buyer for any reason, and the order subject to the campaign is cancelled, the Seller has the right to deduct the delivery fee from the total sales amount.

4.3. Delivery shall be made as soon as possible after the stock is available and the price of the goods is transferred to the Seller's account. The Seller shall deliver the goods/services to the cargo company within an estimated 1 (one) business day from the date of order, except for the cases specified below. However, if there are Products to be procured from stores or external warehouses within the same order, it is planned to deliver all products in the order to the cargo company within 14 (fourteen) days. However, if the work flow requires it, the Seller reserves the right to extend the delivery period not to exceed thirty days from the moment the order reaches the Seller. If the price of the goods/services is not paid for any reason or is cancelled in the bank records, the Seller shall be deemed to have been released from the obligation to deliver the goods/services.

4.4. In the event that the Buyer is not at the delivery address specified above, does not receive the Product or an incorrect address is provided, the Seller assumes no responsibility; in such a case, the Seller shall be deemed to have fulfilled its obligation fully and completely. Therefore, any and all damages arising from the Buyer receiving the Product late and expenses incurred due to the Product being delayed due to the Buyer's fault and/or the return of the Product due to non-delivery shall be borne by the Buyer.

4.5. The Seller sends and delivers the products through a contracted cargo company. If this cargo company does not have a branch in the Buyer's location, the Buyer must pick up the Product from another nearby branch of the cargo company notified by the Seller.

4.6. The Buyer must pay the full sales price including expenses before receiving the Product. If the Product price is not paid to the Seller in full before delivery, the Seller may unilaterally cancel the order and not deliver the Product.

4.7. If, for any reason after the delivery of the Product, the Bank/financial institution to which the credit card used for the transaction is registered requests the amount paid back, the Product shall be returned to the Seller by the Consumer within 7 days at the latest. If the non-payment of the Product price is due to an unjust instruction or objection of the Consumer to the bank or a defect or negligence, the cargo costs shall be covered by the Consumer. All other contractual and legal rights of the Seller, including the right to pursue the receivable of the Product price without accepting the return, are reserved separately and in any case.

4.8. Delivery of the Product to the Consumer within the legal maximum period of 30 (thirty) days within the framework of the relevant legislation is considered on-time delivery. If delivery cannot be made within the legal maximum period of 30 (thirty) days due to extraordinary circumstances outside of normal sales/delivery conditions (such as adverse weather conditions, heavy traffic, earthquake, flood, fire), the Seller will inform the Consumer about the delivery by reaching them through their current contact information. In this case, the Consumer may cancel the order, order a similar product or wait until the extraordinary situation is over.

4.9. The goods/services offered by the Seller are intended for the consumer within the scope of retail sales; the Seller reserves the right to cancel the order and not to deliver the products even if this Contract has been established, in case an order is placed in a size and quantity that the Seller cannot prepare in bulk.

ARTICLE 5 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER:
5.1. The Buyer shall inspect the goods/services subject to the Contract before receiving them and shall not accept damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. Each person who will receive the Product is responsible for checking the Product upon receipt and, if they see a problem with the Product caused by the cargo, not accepting the Product and having a report drawn up by the cargo company officer. Otherwise, the Seller shall not accept any liability. If no report is drawn up regarding the damaged goods/services received, the product shall be deemed to be undamaged and intact.

5.2. The obligation to carefully protect the goods/services after delivery belongs to the Buyer. If the relevant bank or financial institution does not pay the price of the goods/services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the goods/services, the Buyer is obliged to send the goods/services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery expenses belong to the Buyer.

5.3. The Buyer agrees to act in accordance with the legislation while using the Website. The Buyer may not use the Website in any way that is against public order and morality, in a way that disturbs and harasses others, for an illegal purpose, or in a way that violates the material and moral rights of others. In addition, the Buyer may not take any action that prevents or makes it difficult for others to use the Website (spam, virus, etc.). Otherwise, all legal and criminal liability shall exclusively belong to the Buyer. In addition, the Seller reserves the right to take legal action against the Buyer due to violation of legislation or the Agreement.

ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE SELLER:
6.1. The Seller is responsible for the delivery of the goods/services subject to the Contract in a sound, complete manner, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any. If the goods/services subject to the Contract are to be delivered to a person/organization other than the Buyer, the Buyer is obliged to clearly state this and the Seller cannot be held responsible if the person/organization to whom the delivery is made does not accept the delivery.

6.2. The buyer may return the goods/services within 14 (fourteen) days after receiving them, under the conditions specified below. In case of withdrawal, the seller may return the price of the goods/services within 14 (fourteen) days after receiving the goods/services, provided that the invoice is also sent.

6.3. The products on the Website are limited to the stocks of the relevant operation stores of the Seller. In the event that the delivery of the Product within the legal period becomes impossible due to stock depletion and similar commercial impossibilities, unexpected circumstances, force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, the Seller shall notify the Consumer of this situation within three days following the understanding that the product subject to the Contract cannot be supplied. In this case, the Consumer may exercise one of the rights of canceling the order, replacing the product subject to the Contract with a similar product, if any, and/or postponing the delivery period until the elimination of the impeding situation. Provided that the verbal and/or written approval of the Consumer is obtained, the Seller will try to supply another product of equal quality and price. In the event that an alternative product is preferred, if there is a difference in amount, the difference will be collected from the Consumer. In the event that the Consumer cancels the order, the Seller shall return all payments collected, including delivery costs, if any, to the Buyer within fourteen days at the latest from the date of notification. The Seller shall be deemed to have fulfilled its commitment subject to the Contract in all cases.

6.4. Among the goods/services sold with a warranty certificate, defective or broken goods/services may be sent to the Seller for the necessary repair within the warranty conditions, in which case the delivery costs will be covered by the Seller.

6.5. If the Buyer maliciously uses/allows others to use the campaigns organized by the Seller at their own discretion, coupons and coupon codes given and/or forwarded to the Buyer, or abuses/allows others to use the Seller's good faith, the Seller may take all necessary actions, including cancellation of sales, to eliminate the aforementioned non-conforming transactions. However, if the Buyer is enriched against the Seller's assets as a result of the non-conforming transaction, the Buyer shall return this enrichment to the Seller within 3 (three) business days from the date the request reaches the Buyer. Otherwise, the Seller may resort to all legal and criminal remedies for the return of this enrichment and the sanctioning of the Buyer. The Buyer accepts, declares and undertakes in advance that it accepts the matters specified in this article and has no right to object.

ARTICLE 7 - CHARACTERISTICS OF THE GOODS/SERVICES SUBJECT TO THE CONTRACT:
7.1. The Buyer accepts and declares that he/she has been informed by the Seller in a clear, understandable and internet-friendly manner about the Seller's name, title, full address, telephone and other contact information, basic characteristics of the goods/services subject to sale, sales price including taxes, payment method, delivery conditions, right of withdrawal and expenses, etc., all preliminary information about the goods subject to sale, the use of the right of withdrawal and how to use this right, official authorities to whom complaints and objections can be submitted, etc., that he/she has confirmed the preliminary information electronically, read, understood, is aware of his/her rights and obligations and subsequently ordered the goods, in accordance with the provisions of this Agreement.

7.2. The type, quantity, brand/model, colour and other features of the goods/services, payment method, delivery method and Sales Price Including All Taxes are as specified in the information on the product detail page of the website www.mesmed.com.tr on the date of the invoice, which is considered an integral part of this Agreement.

7.3. The cash price of the goods/services is included in the invoice sent to the customer together with the order. When the Buyer approves the Preliminary Information Form and the Distance Sales Contract, the price and costs of the service/product/products ordered, as specified below, and the delivery fee will be collected via the credit card specified by the Buyer.

7.4. The product prices in the order are the prices at the time the order is created. The Seller is not responsible for price, product and any update errors caused by technical reasons. If there is an error in the price and product information, the Seller may refrain from making delivery in order to correct the error. In this case, the order may be canceled and the order amount may be refunded to the Buyer's account.

7.5. The date of the Agreement, type of Product/Service, quantity, realization date, sales price, payment method, alternative product preference and related details are as follows:

Contract Date: [.]
Service Type: Product sales made by the Seller to the Buyer via the Website
Product Name/Product Quantity: [.]
Amount (Taxes Included): [.]
Payment Method: Credit Card Payment]

7.6. The down payment amount for the goods/services is included in the sample invoice sent to the Consumer at the end of the order and the invoice sent to the Consumer together with the product.

7.7. For the avoidance of doubt; in cases where the Buyer pays the sales price with a credit card from banks (including financial institutions), all the opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; product sales realized within this framework and for which the Seller collects the price in a lump sum or in stages are not credit or installment sales for the parties to this Agreement, but cash sales. The Seller's legal rights in cases legally considered as installment sales (including the right to terminate the Agreement in case of non-payment of installments and/or to demand payment of the entire remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In case of default by the Buyer, a default interest shall be applied at a monthly rate as stipulated by the laws in force.

ARTICLE 8 - PAYMENT SCHEDULE:
The Buyer shall pay for the orders placed on the Seller's website and application by credit card. The Seller does not have any other payment instrument at the point of concluding the Agreement regarding the payment of the orders. The Buyer accepts and declares that he/she has been informed about the payment method, has also been informed about the payment to be made by credit card, and has read and understood all information forms completely. The Seller has no declaration, commitment or liability towards the relevant bank regarding the Buyer's credit card payments.

ARTICLE 9 - RIGHT OF WITHDRAWAL:
9.1. The Buyer may exercise his/her right of withdrawal within 14 (fourteen) days from the delivery of the goods/services subject to the Agreement to him/her or to the person/organization at the address he/she has indicated, excluding the exceptions specified below and arising from legislation. In order to exercise the right of withdrawal, the Seller must be notified within the same period via the call center number +90 506 150 00 50 and the goods/services must be unused, their outer packaging must be intact and their product protection tapes must not be damaged in accordance with the preliminary information published on the www.mesmed.com.tr website, which is an integral part of this Agreement. In case of exercise of this right, the return of the original invoice for the goods/services delivered to the third party or the Buyer is mandatory. The price of the goods/services for which the right of withdrawal is exercised shall be refunded to the Buyer within 14 (fourteen) days following the delivery of the goods/services to the Seller. The Buyer must return the goods to the Seller's address within 14 (fourteen) days from the date of sending the notice of withdrawal. The delivery cost of the goods/services returned due to the right of withdrawal is covered by the Seller. If the original invoice is not sent by the Buyer, the goods/services cannot be returned. Goods/services returned without an invoice are sent back with the shipping cost covered by the Buyer. Apart from these, the Buyer can contact the Seller via the call center number +90 506 150 00 50 in case of any dissatisfaction with the product they have purchased. The Seller will contact them regarding the issue.

9.2. If the order is damaged during packaging (not suitable for sale) and there is no second stock, the Website has the right to cancel the order/refund the fee. The Consumer accepts, declares and undertakes that he/she has been informed about the issue.

9.3. In cases where there is a right of withdrawal when evaluated within the scope of the special cases regulated by law and in this Agreement and the Preliminary Information Form, the Consumer is legally responsible for deformations and damages that occur due to failure to use the product in accordance with its characteristics and usage instructions within the withdrawal period, and therefore loses the right of withdrawal regarding the Product.

9.4. In case the Consumer exercises his/her right of withdrawal, he/she may have the relevant Product sent to his/her address with the contracted cargo company, with the return payment. On the other hand, if the Consumer does not send the Product with the cargo company that the Seller has a contract with, the Consumer shall cover the delivery costs himself/herself.

9.5. The explicit notification of withdrawal can be made to our above mentioned contact addresses, WhatsApp line, e-mail, telephone, etc. In case of exercising this right, the original invoice must be returned with a copy of the cargo delivery report stating that the Product has been sent to us (a return invoice must be issued for Product returns whose invoices are issued in the name of institutions), and the Products to be returned must be delivered to the Seller's address by Cargo, complete and undamaged, together with their box, packaging and standard accessories, if any.

9.6. The right of withdrawal cannot be used in cases where the right of withdrawal is not stipulated by law or the Contract, and the Consumer loses the right of withdrawal in cases where this right is not used properly or in a timely manner.

9.7. If the Consumer fulfills the above-mentioned conditions in a timely and proper manner, the Product price will be refunded to the Consumer within 14 days from the date the withdrawal notice reaches the address specified above, in accordance with the payment method used when purchasing the Product. However, in cases where the right of withdrawal is used for all of the products or for some of them, if the WEBSITE falls below the free shipping campaign and/or discount minimum amount, the uncollected delivery-cargo fee and discount amount within the scope of the relevant campaign will be deducted from the amount to be refunded to the Consumer and collected from the Consumer. (In cases where the delivery-cargo fee has been collected, its fee will be refunded without deducting); If the Consumer has a gift certificate etc. won as a result of his shopping, it will be cancelled in its entirety, if there is a (virtual/physical) gift certificate etc. used, its entire amount will be deducted from the amount to be refunded and taken back. If there are gift product(s) along with the product(s) to be returned, in case the right to earn the gift product(s) is lost, the gift product(s) must be returned along with the product(s) to be returned. These provisions apply in the same manner to all other cases where the right of withdrawal is exercised, as well as to all other cases where the product is returned, except for defective products. The contractual and legal rights and obligations of the Website, including the collection and offset rights valid for the monetary values ​​of all kinds of reward points etc. earned by the Consumer on the Website and/or used for discounts etc. in the payment of the Product price, are also available and reserved in cases of legal withdrawal and other order-Contract cancellations.

ARTICLE 10 - GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:
Without prejudice to the relevant provisions of the Law No. 6502 on the Protection of Consumers, the Distance Contracts Regulation and other legislation; there is no right of withdrawal for goods/services that cannot be returned due to their nature, goods/services prepared in line with the wishes or personal needs of the consumer, goods/services that deteriorate rapidly and have expired, single-use goods/services, goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, goods/services whose return is not suitable in terms of health and hygiene, and products/services purchased by the Buyer for commercial/professional purposes. In order for the Buyer to exercise his right of withdrawal, the packaging of the goods/services must be unopened, undamaged and unused.

ARTICLE 11 - DEFAULT AND ITS LEGAL CONSEQUENCES:
In case the Buyer defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees and all damages from the Buyer and in any case, in case the Buyer defaults due to its debt, the Buyer agrees to pay the Seller's damages and losses due to the delayed performance of the debt.

ARTICLE 12 - OTHER PROVISIONS
12.1. The Contract and Preliminary Information Form will be sent to the e-mail address specified by the Buyer together with the order confirmation, after the Buyer approves and accepts it on the Website; the Buyer can access it at any time by saving it on their device, and they will be kept in the systems of the WEBSITE within the framework of the relevant laws and for a maximum of ten years.

12.2. In case of delivery of a product that was not ordered; the Seller may take back the product or service that was delivered although it was not ordered by informing the Consumer by phone or e-mail. If the cost of the product or service that was not ordered is not paid by the Buyer, the Buyer is obliged to return the product to the Seller without any damage.

12.3. The Seller may supply the Consumer with a different product of equal quality and price before the expiration of the performance obligation arising from the Contract, provided that it relies on a justified reason and informs the Consumer and obtains their explicit approval. The Consumer accepts and declares that an alternative product may be offered for the product/products ordered if the product/products ordered cannot be supplied for any reason.

12.4. The Buyer accepts and declares that the information provided in the registration form on the Website and in the Preliminary Information Form and the Agreement is accurate and complete, and that it is responsible for any damages that may arise from the erroneous or incomplete nature of this information, and that it will compensate the Seller for any damages that may arise in this regard.

12.5. The Seller may temporarily suspend or completely stop the operation of the website at any time for renewal, development or other reasons. In the event of temporary suspension or complete cessation of the system, the Seller shall have no liability to its members or third parties. The deliveries of the products ordered during the period when the site is active shall be completed within the framework of the terms of the Contract after this reason is eliminated.

12.6. When registering to the Website and placing an order, the Buyer agrees that his/her personal information (name, surname, title, address, telephone, fax, e-mail, etc.) kept by the Seller within the scope of the Preliminary Information Form and the Agreement may be used by the Seller, through its representatives, by e-mail, telephone, fax or SMS, or by post, for the purposes of contacting the Consumer, managing orders, and managing customer relations processes.

12.7. The Buyer is responsible for the completeness and accuracy of the personal information and payment information included in this Preliminary Information Form and the Distance Sales Contract. If this information is incomplete or incorrect, the Consumer is obliged to update this information through his/her account on the Website.

ARTICLE 13 - RESOLUTION METHODS FOR COMPLAINTS AND OBJECTIONS:
13.1. The Buyer may directly communicate his/her complaints regarding the purchased goods and/or services to the Seller (using the contact addresses specified above under the Seller's Information heading). If the complaint is communicated, the Seller will provide all possible support to resolve the problem.

13.2. If the Buyer is also a consumer within the framework of the provisions of the Law on the Protection of Consumers No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188; they may, if they wish, submit their complaints and objections to the Consumer Arbitration Committee or Consumer Court where they purchased the goods/services or where they reside, in accordance with the relevant articles of the Law on the Protection of Consumers No. 6502 and within the monetary limits determined by the Ministry of Trade every December. For Buyers who do not have the status of a consumer, legal remedies will be available within the framework of the provisions of the Turkish Commercial Code and the Turkish Code of Obligations. In the event that the order is placed, the Buyer is deemed to have accepted all the terms of this Agreement.

ARTICLE 14 - EVIDENCE AGREEMENT
The Buyer accepts that in any dispute that may arise from the Contract, the Seller's official books and commercial records, electronic information kept in the database and servers, computer and voice recordings will constitute evidence and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

ARTICLE 15 - ENFORCEMENT
Once the Buyer confirms the option “I have read and accept the Preliminary Information Form and Distance Sales Agreement” on the Website, all terms and conditions of the Form and Agreement come into force immediately.

ARTICLE 16 - DECLARATION OF ACCEPTANCE AND APPROVAL:
The Buyer accepts and declares that he/she has read all the conditions and explanations written in this Agreement and the Order-Agreement Preliminary Information Form, which is an integral part of the Website, that he/she is informed in advance about all the matters including the basic features-qualifications of the Product/Service subject to sale, sales price, payment method, delivery conditions, all other preliminary information-information regarding the Seller and the Product/Service subject to sale, right of withdrawal and personal information, that he/she has seen, read and accepted the content of all of them electronically on the Website and that he/she has accepted the provisions of this Agreement by ordering the Product/Service by confirming-approving-accepting-permitting all of these electronically.

I have read the Distance Selling Agreement, I accept and approve its content.

SELLER: MESMED HEALTH COSMETICS FOOD PRODUCTION MARKETING IMPORT EXPORT LIMITED COMPANY

RECIPIENT: Name and Surname The information you provide during membership at www.mesmed.com.tr is considered correct.