Distance Sales Contract

DISTANCE SALES CONTRACT

This Agreement sets forth the rights and obligations of the parties, regarding the BUYER (Consumer) making an order with the electronic commerce website mothersmart.com.tr owned by the SELLER (the “WEBSITE”) to purchase the goods/services described below (“Product(s)”) to be sold and delivered to the BUYER, and other aspects, including instances of transactions performed via the mobile application. After the BUYER approves this Agreement on the WEBSITE, the cost of the Product(s) ordered and any associated expenses will be charged via the method of payment selected by the BUYER.


Article 1: PARTIES

SELLER:

Name :

BİOSMART TEKNOLOJİ A.Ş.
(Mersis No: 5489177533626118 )

Address:

ETİ MAH. ALİ SUAVİ CAD. 9A 06570 ÇANKAYA/ANKARA

Telephone :

312 466 23 63

Fax:

312 466 23 63

E-mail:

info@biosmart.com.tr

IBAN:

TR590004600367888000067446

BUYER (CONSUMER):

Name, Surname / Title:

 

Address:

 

Telephone:

 

E-mail:

 

 

Article 2: PRODUCT, PRICE, PAYMENT AND DELIVERY UNDER THIS AGREEMENT

The Type and Nature, Quantity, Brand/Model/Color, Unit Price(s) and Selling Price of the Products (goods/services) and Payment (collection) details, and the Delivery Information, including place of delivery indicated by the BUYER, are shown below. If the parcel service provider to perform the delivery has no branch office at the BUYER’s location, the BUYER must pick up the shipment at the nearest branch office, which will be notified by the SELLER (this information will be communicated to the BUYER via e-mail, SMS or telephone). Other aspects of the delivery process are detailed in Article 7 below.

PRODUCT                                                                   

UNIT PRICE (TL)                  

QTY          

TOTAL (TL)                    

Brand, Product, Color, Size, etc.

____ TL

_

___ TL

Total value of any gift checks/ Paracık

___ TL

Shipping and handling fee

___ TL

TOTAL PAYMENT ON ORDER (VAT inclusive)

_____ TL


Payment (Collection) Details
Means/Type of Payment: (Credit Card / Credit Card at the Door or Cash) 
[Card Type Visa ....
Card Number ....
Payment Credit Card ...
Installments/Single Charge on Credit Card
Total Amount ... ]

Delivery Information:

Name, Surname / Title:               

                                                                                                                                          

Address:

 

Telephone:

 

E-mail:

 

Invoice Details :

Name, Surname / Title:

 

Address:

 

Telephone:

 

E-mail:

 


Article 3- ACKNOWLEDGEMENT BY THE BUYER 

The BUYER agrees and acknowledges that the BUYER has seen, reviewed, and is therefore aware of all general and specific information provided in the relevant sections or pages of the WEBSITE, as described below, before entering into this Agreement by approving it on the WEBSITE, and before assuming an obligation on the order and for payment thereof.
-    The SELLER’s name, contact details and current introductory information.
-    The stages of the purchasing process for purchasing the Product(s) via the WEBSITE, and the tools and methods, appropriate to purpose, regarding , and for correcting mistyped information.
-    The Professional Chamber which the SELLER is a member of (İTO – Istanbul Chamber of Commerce), and the electronic contact details through which information can be obtained on ITO’s code of conduct for the profession (Telephone: 4440486, www.ito.org.tr).
-    The rules applied by the SELLER for privacy, data usage/processing and electronic communications to the BUYER and the authorizations granted by the BUYER to the SELLER on these matters, the BUYER’s legal rights and the procedures for parties’ exercising their rights.
-    SELLER’s delivery restrictions for the Products.
-    Means and methods of payments accepted by the SELLER for the Product(s) covered in the Agreement, and the Product(s)’ basic features and characteristics, and their total price including tax (the total amount to be paid by the BUYER to the SELLER, including expenses).
-    Information on the delivery procedure of the Products to the BUYER, and shipping/delivery/parcel service fees.
-    Other payment/collection and delivery details relevant to the Products, and information on the performance of the Agreement, including the parties’ mutual warranties and obligations on these matters.
-    Products and other goods and services in respect to which the BUYER’s withdrawal right does not apply.
-    In cases where the BUYER’s withdrawal right applies, the conditions for exercising this right, the duration and procedure, and an indication that the BUYER will forfeit their withdrawal right unless it is exercised within the allowed timeframe.
-    For Products in respect to which the withdrawal right may be exercised, an indication that the BUYER may be denied the right of withdrawal if the product becomes inoperable due to the BUYER failing to use it according to the instructions of use, or if the product is otherwise altered during the withdrawal period, and in any case the BUYER would be responsible to the SELLER, who is entitled to deduct from the amount refunded to the BUYER an amount corresponding to the value of such malfunction or alteration, if the SELLER agrees to a refund.
-    In cases where the withdrawal right applies, the procedure for returning the Products to the SELLER, including all relevant aspects (e.g. ways of returning, expenses, refund on the Product price, and deductions from the refunded amount for bonus points that had been awarded to the BUYER for the purchase).
-   Where the BUYER is a legal person, an indication that the BUYER may not exercise the ‘rights of a consumer’ for the Product’s purchased for professional purposes, including and in particular the right of withdrawal (for example, group purchases always qualify for this rule).
-    Because this Agreement is e-mailed to the BUYER after the BUYER approves and thereby executes this Agreement on the WEBSITE including all selling terms and conditions included in the Agreement, depending on its nature, the BUYER is able to store and access it for as long as they wish, and the SELLER would retain it for a period of three years.
-    An indication that in the event of a dispute, the BUYER is entitled to communicate any complaints to the SELLER using the contact information, or bring legal action before District/Provincial Arbitration Councils or Consumer Courts, according to applicable provisions of Law #6502.


Article 4- RIGHT OF WITDRAWAL

The BUYER is entitled to withdraw from this Agreement, without penalty and without having to offer a reason, within fourteen (14) days from receiving delivery of the Product.
However, the right of withdrawal does not apply to agreements involving the following goods or services, even if the goods or services have not been used:

a) goods that were customized for BUYER’s specific preferences or personal needs, including special Products procured domestically and/or imported for the BUYER’s order, or personalized to meet specific needs by way of modifications or additions;
b) cosmetics and similar products and goods which may expire or perish quickly, such as food items, e.g.  chocolate;
c) cosmetics, swimsuits, underwear or similar items, whose protective packaging, seal, band, or pack has been removed, and which are unfit for returning for health or hygienic reasons;
d) goods which were mixed with other products after delivery, and which may not be separated due to their nature;
e) books, CDs, DVDs, audiovisual recordings, software and similar other digital content, or computer consumables, whose protective packaging, band, seal, or pack has been removed, and vi) any services which are instantly delivered electronically and any intangible goods which are delivered instantly to the consumer;
f) goods or services whose price is variable based on fluctuations in the financial markets and not controllable by the vendor/supplier;
g) periodicals, such as newspapers or magazines, excluding those provided under a subscription scheme;
h) recreational services, involving entertainment or relaxation, which are limited to a specific date interval or period,  including lodging, moving of belongings, vehicle rental, or food and drinks;
i) services whose performance had begun upon the BUYER’s approval within the withdrawal deadline;
j) other goods and services which are generally considered off-scope for distance selling, and other situations where the BUYER is making a purchase as a reseller for commercial purposes.
In cases where exercising the right of withdrawal is possible, the BUYER is legally responsible for any alteration or deterioration of the product, resulting from the BUYER’s failure to use it in line with the operating requirements, technical specifications and instructions for use, within the period of withdrawal. Accordingly, the BUYER may forfeit the right of withdrawal if any alteration or deterioration of the product occurs as a result of the BUYER’s failure to use it in accordance with the instructions for use, technical specifications and operating requirements, until the end of the withdrawal period. If agreed to by the SELLER, a discount on the refundable product value may be applied, corresponding with the deterioration / alteration.
In cases where exercising the right of withdrawal is available, it is sufficient for the BUYER to deliver an express legal notice of withdrawal to the SELLER (orally or in writing, at the contact address specified above) within the 14-day statutory deadline.  If the right of withdrawal is exercised with the statutory deadline, the Product must be returned to the SELLER, at the SELLER’s above address and the BUYER’s expense, within ten (10) days. If a contracted parcel service is specified on the WEBSITE for product returns, the BUYER may return the product through any branch office of the parcel service, whether in the BUYER’s district of domicile or elsewhere, in which case there will be no charge to the BUYER.
Product must be returned completely with all of the carton, packaging, any standard accessories, in full and undamaged condition. Moreover, due to tax regulations, the return section on the invoice to accompany the returned product, as specified below, must be completed and signed; there may be also situations requiring the BUYER to issue a Return Invoice as a legal requirement. Product returns, where the invoice was issued to a legal person (company), will be declined unless a Return Invoice is issued.
“Product return address, the SELLER’s address / address of the parcel company to which the product was delivered for returning.”
The Product price and any shipping costs for delivering the Product to the BUYER will be returned to the BUYER using the same means of payment that the BUYER had used for making the purchase, within 14 days from the SELLER’s receiving the notice of withdrawal, provided that the BUYER satisfies all of the requirements described above.
Also, the BUYER’s legal rights and obligations regarding a Product after the withdrawal period, and the SELLER’s contractual and legal rights of collection and deduction from the BUYER, including the bonus points awarded, are reserved and applicable.

 

ARTICLE 5 – SPECIAL CONDITIONS APPLICABLE IN SITUATIONS WHERE THE BUYER WAS AWARDED BONUS POINTS WHEN MAKING A PURCHASE OF THE CONTRACTUAL PRODUCTS AND/OR MADE PAYMENT TO THE SELLER USING BONUS POINTS 

5.1. Where a current agreement is in place between a company awarding bonus points, etc., and the BUYER and the SELLER, allowing the SELLER to grant discounts, etc. on purchases made via the SELLER’s WEBSITE, and the BUYER, under such agreement of the SELLER and the BUYER’s agreement with the bonus provider, earns bonus points as a result of making the purchase under this Agreement, and a refund needs to be made to the BUYER as a result of withdrawal from or cancellation of this Agreement or the order placed, the value (monetary equivalent) of any bonuses, gifts or similar benefits earned by the BUYER as a result of making a purchase under this Agreement will be recovered from the BUYER, to the extent that, unless a different arrangement is in place between the SELLER and the bonus provider, such recovery will be primarily by way of a deduction from the bonus points or other gifts that the BUYER sufficiently has with the aforesaid bonus provider (excluding bonuses rewarded as a result of the purchase made under this Agreement), or if sufficient bonus points are not available, by way of a cash deduction from the amount that the SELLER is to refund the BUYER for.
5.2. If the BUYER has made the payment to the SELLER on the purchase of Products under this Agreement entirely or partially using bonus points, etc., and the purchased Product is to be returned and its price refunded to the BUYER according to this Agreement,  the bonus points or similar benefits that the BUYER used for purchasing the Product via the WEBSITE may be refunded to the BUYER (likewise in bonus points), unless a different arrangement is in place between the SELLER and the bonus provider.
5.3. As a general rule that will govern situations where it has been established that the BUYER has been unfairly awarded or has unfairly used bonus points, the SELLER is entitled to recover the monetary value of such bonus points from the BUYER (from the BUYER’s credit card, in cash, or using other legal means). This also applies to the value of goods gifted by the SELLER to the BUYER through such a scheme.
5.4. Other aspects related with the awarding and use of bonus points and similar schemes are subject to the terms and conditions of agreements/arrangements between the bonus provider and the BUYER and the SELLER, and the SELLER is entitled to exercise its rights and authorizations hereunder and under such agreements before the BUYER or the bonus provider, and may perform these transactions on behalf and/or account of the aforesaid provider and/or other business participating in the scheme.
5.5. Under no circumstances will requests be accepted for cash equivalent of bonus points, gift checks, etc., awarded by or used with the SELLER.
5.6. The SELLER accepts no responsibility for any disputes arising between the BUYER and the aforesaid providers, or for material, legal, financial or non-financial consequences of such disputes, without prejudice to the provisions set forth above.
5.7. The above provisions apply mutatis mutandis to bonus points awarded to and used by the Consumer with the SELLER.
All consumers who earn bonus points from the WEBSITE/SELLER or use bonus points, etc. for making payment to the SELLER, and hence the BUYER, are considered to be in agreement with all of the special conditions set forth above.

ARTICLE 6 – RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL PROPERTY RIGHTS 

The privacy rules/policy and conditions set forth below apply for the protection, confidentiality, processing and use of information on the WEBSITE and for communications and other pertinent aspects. INTERNET

6.1.The SELLER has in place, within the current technical capabilities, the necessary precautions for safeguarding the information submitted to and transactions performed by the BUYER on the WEBSITE. Nevertheless, the responsibility rests with the BUYER to protect such information and prevent unauthorized access, including viruses and similar malware, as the information is submitted from the BUYER’s device.
6.2. The SELLER may record indefinitely or for a limited period of time, store on printed/magnetic archives, update, when necessary, share, transfer, transmit, use or otherwise process the information obtained when the BUYER registers to or shops on the WEBSITE, for the provision of various goods/services, and in connection with any information, advertising/promotion, selling, marketing, loyalty card, credit card and membership applications, including electronic and other commercial/social communications for the aforesaid purposes, by Boyner Group of Companies, which the SELLER is a member of, Boyner Holding A.Ş., and their current and future affiliates, subsidiaries, partners, successors and/or third parties designated by them. This data may only be forwarded to official authorities and courts only when legally required. The BUYER hereby agrees and consents to the use, sharing, and processing of its current or new, personal or non-personal information for the purposes described above and in line with the applicable regulations governing protection of personal data and electronic commerce, including commercial or non-commercial electronic communications and other communications to the BUYER.
6.3. The BUYER may contact the SELLER at any time through the provided contact channels for stopping use/processing of data and/or communications. Based on the BUYER’s express notice to that effect, any processing of personal data and/or communications to the BUYER will be ceased within the maximum statutory deadline. If the BUYER further demands it, its information, excluding those which must be retained as a statutory requirements and/or which may be possibly retained, will be deleted from data storage devices or anonymized. The BUYER is free to contact the SELLER through the channels of communication described above to get information on the procedures used for processing personal information, the recipients of this information, correcting inaccurate or incomplete information, notifying the recipients concerned about corrected information, deleting or destroying data, objecting to adverse results of automated analysis of data, and indemnification of damages resulting from illegal processing of data. Any requests and contacts for these purposes will be addressed within the maximum statutory deadlines, or may be rejected, explaining the legal rationale for such rejection.
6.4. Any and all intellectual/industrial property rights and proprietary rights associated with any information or content of the WEBSITE, or arrangement, revision or partial/complete usage of the same lies with the SELLER and the Boyner Group, excluding those owned by third parties based on an agreement with the SELLER.
6.5. The SELLER reserves the right to revise the foregoing provisions as the SELLER sees fit, and any such changes will be effective from the moment they are announced by the SELLER on the WEBSITE or through other means.
6.6. Websites linked from the WEBSITE have their own privacy and security policies and terms of use, and the SELLER is not responsible for any disputes or adverse consequences so arising.

 

Article 7- GENERAL PROVISIONS 

7.1. The Product under this Agreement will be delivered to the BUYER or to third party at the address designated by the BUYER on the WEBSITE within the 30-day statutory deadline, according to the following conditions:
The SELLER ships and delivers the Products via a contracted parcel service provider. If this parcel service provider has no branch office at the BUYER’s locality, the BUYER is required to pick up the Product from another nearby branch office of the parcel service provider as specified by the SELLER.
Products which are in stock will be delivered to the parcel service provider within three (3) working days. However, if the same order contains Products which are on campaign, there will be a holding period until the campaign is over, and then all of the ordered Products will be delivered to the parcel service provider within three (3) working days, for delivery to the designated recipient at the designated address. Parcel service providers normally deliver the shipments to BUYERs within an average of three (3) working days, which may change depending on distance.
7.2 Generally, and unless expressly provided otherwise, the delivery expenses (e.g. parcel service fees) belong to the BUYER. Depending on the campaigns run by the SELLER at the time of sale, and based on the terms and conditions announced on the WEBSITE, the SELLER may opt not to charge the BUYER all or some part of the delivery expense.
7.3. If the BUYER is not personally present at the delivery address during delivery of the Products, or the person at the address rejects the delivery, the SELLER will be deemed to have fulfilled its obligation. If there is no one at the address to accept the delivery, the responsibility rests with the BUYER to contact and follow up with the parcel service provider on product delivery. If the Product is to be delivered to a party other than the BUYER, the SELLER cannot be held responsible for the designated recipient being absent at the delivery address or rejecting the delivery.
In that case, the BUYER will bear all expenses associated with the BUYER’s delay in receiving delivery of the product, including the expenses arising due to the Product being held at the parcel service provider’s warehouse and/or the Product being returned to the SELLER.
7.4. The BUYER is responsible to inspect the Product at delivery and to refuse the Product if any shipping-related problem is detected, which must be documented on a report with the parcel service provider personnel. Otherwise, the SELLER will accept no responsibility.
7.5. Unless provided otherwise in writing by the SELLER, the BUYER must fully pay the Product price before receiving the Product. The SELLER may terminate the agreement and withhold Product delivery if the full price of the Product is not paid before delivery in a cash sale, or an installment is not paid when due in an installment sale.
If, after Product delivery, for whatever reason, the Bank/financial institution which issued the credit card used for payment, fails to pay the Product price to the SELLER or reclaims the amount paid, the BUYER will return the Product to the SELLER within 3 days. If the non-payment of the Product price was caused by a fault or omission of the BUYER, the shipping costs will be covered by the BUYER. The SELLER reserves the right to decline Product return and to collect the Product price, along with any other remedies available to the SELLER under contract or law.
For the avoidance of doubt, in cases where the BUYER pays the selling price using a credit card, installment card, etc. issued by a bank (including a financial institution), any options made available by these cards are the options for credit and/or payment in installments provided directly by the issuing institution. Product sales occurring in this premise where the SELLER collects the selling price in lump sum or in installments is not a sale on credit or installment sale, but a cash sale with respect to the parties to this Agreement. The SELLER reserves the rights under law for situations which are formally considered an installment sale, including terminating the agreement upon an overdue installment and/or demanding payment of the entire balance on the debt along with interest, subject to the applicable regulations. Monthly late interest will be applied as provided under law in the event the BUYER is in default.
7.6. If the Product cannot be delivered within the maximum statutory deadline of 30 days due to force majeure (e.g. weather, traffic jam, earthquake, flood, fire) deviating from the normal conditions of sale/delivery, the SELLER will notify the BUYER about delivery. In that case, the BUYER may choose to cancel the order, order a similar product, or wait out the force majeure.  
7.7. If it is understood that the SELLER is unable to supply the Product under the Agreement, the SELLER may supply a different product/service of the same quality/price, and having done so will be deemed to have met its contractual obligation, provided that the SELLER expressly and duly notifies the BUYER within three (3) days of becoming aware of this situation and may, upon obtaining the BUYER’s oral/written approval, supply another product/service of an equal quality/price, and having done so the SELLER will be deemed to have met its contractual obligation. The BUYER is completely free to give or not give such approval, and if the BUYER withholds approval, the contractual/legal provisions governing order cancellation (termination of agreement) apply.
7.8. In the event of order cancellation and termination of agreement, including those in which the withholding right has been duly exercised, the BUYER will be refunded for the Product price within 14 days, if a payment has been already made. The requirements of the following rule are reserved. The refund will be effected through the same method of payment which the BUYER used for paying for the Product. For example, in the case of a payment by credit card, the refund will be made by a chargeback to the BUYER’s credit card, and the Product price will be returned to the bank concerned within the aforesaid timeframe after cancellation by the BUYER. The procedure for this chargeback to finalize after the SELLER returns the amount to the bank is entirely a banking process, and the BUYER agrees that the SELLER cannot be held responsible for any delays as the SELLER has no means of intervention into this process (a chargeback is usually completed within three banks).
The SELLER reserves the right to deduction, discount and reduction under contract and law for the refund amount. Also, the BUYER’s rights under law are reserved in cases where the Agreement is terminated by the BUYER on the grounds of the SELLER’s failing to perform its obligations.
7.9. The BUYER may communicate any complaints and claims related with the Product or the sale to the SELLER orally or in writing using the channels of communication specified in the top section of this Agreement.
7.10. Some of the matters described under Article 3 above may be inherently not included in this Agreement. Nevertheless, these are included in the Preliminary Information seen/approved by the BUYER on the WEBSITE, and in the information pages/sections of the WEBSITE, whether in general or during steps of sale.
7.11. Because this information is sent to the e-mail address designated by the BUYER after acceptance, the BUYER may store the information and this Agreement on their device for future reference. On the other hand, these will be retained for a period of three years on the SELLER’s systems.
7.12. The SELLER’s records, including magnetic recordings such as audio recordings and computer recordings, constitute evidence for solving any disputes arising in connection with this Agreement and/or its performance, without prejudice to the parties’ rights concerned with the foregoing under statutory rules.

Article 8- BUYER’S REMEDIES, COMPETENT COURT 

For any disputes arising in connection with this Agreement, the District and Provincial Consumer Arbitration Councils for amounts up to the threshold established annually by the Ministry of Customs and Trade, or Consumer Courts for any higher amounts. The BUYER is free to apply to an Arbitration Council or Consumer Court in the locality of the BUYER or the SELLER.
The BUYER agrees and warrants that they have read all terms and conditions and explanations provided in the preliminary information for the order/agreement (provided on the WEBSITE), which constitute an integral part of this agreement, and have been given information beforehand on the essential characteristics of the Product(s), selling price, method of payment, delivery terms, the SELLER and the Product being sold, including any preliminary information and information and a notice on the withdrawal right and personal information/electronic communication and bonus point use, as provided under Article 3 hereof, having seen all such information on the WEBSITE electronically, and having given their approval to all of the foregoing items electronically to complete their order of the Product and agree to the terms and conditions of this Agreement.
Both the aforesaid preliminary information and this Agreement have been sent to the e-mail address which the BUYER has communicated to the SELLER, including a separate overview of the order and the confirmation.