Distance Sales Contract

DISTANCE SALES CONTRACT

Parties

This Oan Health Distance Selling Agreement (hereinafter referred to as the “Agreement”);

Seller

Title : Oan Health Natural Food Products Trade Limited Company
Address : Rumelihisari Mh. Karakoyun Sk. No:18/19
Telephone : +905325773577
Mersis No : 0632110292800001
Customer Service : +905325773577 – [email protected]
Bank Account : TR410001200914700010260943

and

Buyer

Name/Surname/Title : ___________________________________
Address : ___________________________________
Phone : ___________________________________
E-mail : ___________________________________

between the parties.

Subject and Scope of the Agreement

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation in relation to the sale and delivery of the product whose qualifications and sales price are specified below, which the Buyer ordered electronically through the https://www.oanhealth.com Website of the Seller. If the Buyer is a merchant according to the Turkish Commercial Code No. 6102, the provisions regarding Consumer Rights shall not apply.

The Buyer accepts and declares that he / she has information about the basic qualities of the product / service subject to sale, sales price, payment method, delivery conditions, etc. all preliminary information about the product subject to sale and the right of “withdrawal”, confirms this preliminary information electronically and then orders the product / service in accordance with the provisions of this contract.

In relations where the Buyer is not a consumer, the provisions of this contract cannot be interpreted as providing the Buyer with additional opportunities that are not included in the provisions of the Turkish Code of Obligations No. 6098 and the Turkish Commercial Code No. 6102, to which the sales contract is subject.

Definitions

The meanings of the terms used in this contract are as follows.

Buyer: Refers to a natural or legal person who acquires a good or service for non-professional purposes whose name/surname/title and other information are specified above.
Seller: The natural or legal person, including public legal entities, whose title and other information are specified above, who offers goods to the consumer for commercial or professional purposes or acts on behalf or account of the seller,
Law: Law No. 6502 on the Protection of Consumers.
Regulation: Refers to the Regulation on Distance Contracts.
Website: It refers to the Seller’s website located at https://www.oanhealth.com.
Product: Refers to the product subject to this contract established between the Buyer and the Seller using the website, the commodity supplied to customers by the Seller, the product subject to sale.

Information on the Product, Sale Price of the Product, Payment Method, Product Information and Sale Price of the Product

Product Code : ___________________________________
Product Name : ___________________________________
Product quantity : ___________________________________
Total Sales Price (including VAT) : ___________________________________
Payment Method

Payment Method : ___________________________________
Shipping Fee : ___________________________________
Total Order Value (including VAT and Shipping Charge): _____________________
Delivery Person and Address

_____________________

___________________________________________________________________
Invoice Information

___________________________________________________________________

Matters for which the Buyer is Informed in Advance

The Buyer confirms and accepts that he/she has been informed in advance by seeing and examining all general and specific explanations on the relevant pages and sections of the Website before the establishment of this Agreement with the acceptance of the Buyer on the Website and both the order and the payment obligation.
The title and contact information and current identifying information of the Seller,
Tools and methods suitable for the purpose regarding the stages of the sales process during the purchase of the product from the Website and the correction of incorrectly entered information,
The confidentiality, data use/processing and data privacy policies applicable to Buyer information implemented by the Seller
The rules of electronic communication to the Buyer and the permissions given by the Buyer to the Seller in these matters, the legal rights of the Buyer, the rights of the Seller and the procedures for using the rights of the parties,
The payment methods and means accepted by the Seller for the Product, the main features and qualities of the Product, the total price including taxes (the total price to be paid by the Buyer to the Seller, including related costs),
Procedures for the delivery of the Product to the Buyer and information on transportation, delivery and shipping costs,
Other payment, collection and delivery information related to the product and information regarding the performance of the contract, the commitments and responsibilities of the parties in these matters,
Products for which the Buyer does not have the right of withdrawal,
In cases where the Buyer has the right of withdrawal, the conditions, duration and procedure for exercising this right and that the Buyer will lose the right of withdrawal if the right is not exercised in due time,
In which cases for products with the right of withdrawal
Whether the Buyer’s withdrawal request will be accepted,
In cases where there is a right of withdrawal, how the product can be returned to the Seller and all related financial issues (including return routes, costs and refund of the product price and any discounts and deductions that may be made for reward points earned / used by the Buyer and campaigns used during the return),
If the Buyer is a legal person, he/she cannot exercise his/her “consumer rights”, in particular the right of withdrawal, for products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case),
According to its nature, all other terms of sale included in this Agreement and this Agreement are approved by the Buyer on the Website and sent to the Buyer by electronic mail after it is established, so that it can be stored and accessed by the Buyer for the period requested by the Buyer, and the Seller can keep it for 3 (three) years.
In case of disputes, the Buyer may make legal applications to the district / provincial arbitration committees and Consumer Courts in accordance with the relevant provisions of the Law with the contact information where the Buyer can submit complaints to the Seller.

Rights and Obligations of the Seller and the Buyer

6.1. The Buyer accepts and declares that he/she has read and informed all preliminary information regarding the basic qualities of the product subject to the contract, sales price and payment method and delivery on the Website, including those specified in Article 5 of this Agreement, and that he/she has given the necessary confirmation electronically. After the approval of the Preliminary Information Form and the conclusion of this Agreement, if for any reason the product price is not paid or the bank payment is canceled, until the Buyer pays the product price and informs the Seller; The Seller refrains from the obligation to deliver the product.

6.2. The Seller is obliged to deliver the product subject to the contract to the Buyer or the person / organization at the address indicated by the Buyer or the person / organization at the address indicated by the Buyer within the period described in the preliminary information on the Website, depending on the distance of the Buyer’s settlement for each product, provided that it does not exceed the legal 30 (thirty) day period from the moment the order is completed. In the event that the Buyer or the person authorized to deliver on behalf of the Buyer is not present at the address specified by the Buyer, the Seller shall be deemed to have fully and completely fulfilled its obligation. For this reason, the Buyer accepts and undertakes that the Buyer will bear all kinds of damages arising from the Buyer’s late receipt of the product and the expenses incurred due to the waiting of the product in the cargo company and / or the return of the cargo to the Seller.

6.3. The Seller is obliged to inform the Buyer by explaining the possibilities where the product can be delivered if the product cannot be delivered due to reasons arising from the Buyer, such as giving the address incorrectly, the absence of the Buyer or anyone who can accept the product on behalf of the Buyer at the address specified by the Buyer, although everything necessary for the delivery of the product has been done in a timely and proper manner. If the Buyer does not receive the product despite this, the Seller reserves the right to rescind the contract and immediately return the collected sales price to the Buyer in accordance with the collection method.

6.4. In the event that the Buyer refuses to receive the product or refuses to pay and / or tries to return the product; The fees for shipping and / or shipping transactions prepaid to the Seller are not refunded to the Buyer. If the product subject to the contract is to be delivered to a person/organization other than the Buyer, the Seller shall not have any responsibility due to the refusal of the person/organization to accept the delivery. In this case, the Buyer accepts and undertakes that the shipping cost for the return of the product to the Seller belongs to the Buyer. In the event that the products cannot be delivered within the specified period and / or in the promised manner and person due to the fault or negligence of the Buyer, no responsibility can be attributed to the Seller.

6.5. The Seller is responsible for the delivery of the product subject to the Contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

6.6. In cases where it becomes impossible to fulfill the performance of the goods or services subject to the order, it is obligatory to notify the consumer in writing or with a permanent data storage device within three days from the date of learning of this situation and all payments collected, including delivery costs, if any, must be returned within 14 days at the latest from the date of notification.

6.7. For the delivery of the product subject to the contract, the product price must be paid in the payment method preferred by the Buyer. If for any reason the product price is not paid or canceled in the bank records, the Seller is deemed to be released from the obligation to deliver the product.

6.8. The use of payment instruments such as credit cards and debit cards by unauthorized persons is subject to the Bank Cards and Credit Cards Law No. 5464. If there is unauthorized use of the credit card in the shopping without the permission and knowledge of the Buyer, the order is canceled for the product that has not been delivered to the carrier and no delivery is made. If the product has been delivered and the bank has received the refund from the Seller, the Buyer is obliged to send the product to the Seller at his own transportation costs within 3 (three) days.

6.9. The sales and delivery conditions of the product are included in the Preliminary Information Form, this Agreement and the sales and delivery conditions section on the Website. The Buyer is deemed to have accepted these conditions by accepting the Agreement.

6.10. If the Seller cannot deliver the product subject to the Contract within the period due to force majeure or extraordinary circumstances such as weather opposition that prevents transportation, interruption of transportation, it is obliged to notify the Buyer. In this case, the Buyer may use one of the rights to cancel the order, to replace the product subject to the Contract with its precedent, if any, and / or to postpone the delivery period until the elimination of the preventive situation. If the Buyer cancels the order, the amount paid by the Buyer shall be paid to him in cash and in lump sum within 10 (ten) days. In the payments made by the Buyer by credit card, the amount paid shall be returned to the relevant bank within 10 (ten) days at the latest after the order is canceled by the Buyer. Since the reflection of this amount to the Buyer’s accounts after the return of this amount to the bank is entirely related to the bank transaction process, the Buyer knows and accepts that it will not be possible for the Seller to intervene in any way for possible delays and that the time it will take for the amount returned by the Seller to the credit card to be reflected by the bank to the Buyer’s account is not the responsibility of the Seller.

6.11. In the event that the supply of the product subject to the order becomes impossible, the Seller is obliged to notify the Buyer of this situation before the expiration of the performance obligation arising from the Contract and to return the total price to the Buyer within 10 (ten) days.

6.12. In case the order is completed and the Buyer requests delivery to a certain address, the product is transported by cargo. The product subject to the order shall be delivered to the Seller’s contracted center Ayazağa Mh. Kemerburgaz Cd. No:10 D Blok Vadi Koru Sarıyer/ISTANBUL, which can be reached at 02123562365 phone number, is delivered by Yurtiçi Kargo Servis A.Ş. (“Yurtiçi Kargo”). The Seller is authorized to send and deliver the product it sells to the Buyer through cargo companies.

6.13. Unless otherwise agreed, the shipping fee is borne by the Buyer. The shipping fee is not included in the product price unless otherwise agreed. In the event that the Buyer or the person authorized to deliver on behalf of the Buyer is not present at the address specified by the Buyer or in cases where the Buyer specifies the Seller’s store as the delivery address, the Seller shall be deemed to have fulfilled its performance completely and completely. For this reason, the Buyer shall bear all kinds of damages arising from the Buyer’s late receipt of the product and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the Seller.

Special Conditions Applicable to the Right of Withdrawal

7.1. The Buyer has the right to withdraw from the Contract without giving any reason within 14 (fourteen) days from the delivery of the product to him or to anyone authorized to receive the product on his behalf. If more than one delivery has been made for a single order of the Buyer, the period starts from the delivery of the last goods.

If the Buyer exercises the right of withdrawal before the delivery of the goods, the Seller shall refund the payment, including the costs of delivery of the goods to the Buyer, if any, within fourteen days from the date of receipt of the notification of the exercise of the right of withdrawal.

However, the Buyer cannot exercise the right of withdrawal in the following cases:

Contracts for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or provider.
Contracts for goods prepared in line with the wishes or personal needs of the consumer.
Contracts for the delivery of perishable goods or goods that may expire.
Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.
Contracts for the delivery of goods that are mixed with other products after delivery and cannot be separated due to their nature.
Contracts for the delivery of books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period.
Contracts for services performed instantly in electronic media or contracts for intangible goods delivered instantly to the consumer.
Contracts for services whose performance is started with the consent of the consumer before the expiration of the right of withdrawal period.
Contracts regarding immovables that are obligatory to be registered according to the Highway Traffic Law dated 13/10/1983 and numbered 2918 and unmanned aerial vehicles that are obligatory to be registered or registered.
Contracts regarding mobile phones, smart watches, tablets and computers delivered to the consumer.
Contracts concluded through auction in the form of live auction.
Contracts regarding the installation or assembly of the goods that are specified in the introduction and user manual to be installed or assembled by the seller or authorized service.

7.2. When exercising the right of withdrawal, the Buyer may notify the Seller of the right of withdrawal by any of the following methods;

While exercising the right of withdrawal, the Buyer may fill in the form sent to him/her at the delivery of the product and send it to the carrier who delivered the product to him/her or to Rumelihisarı Mh. Karakoyun Sk. No:18/19 Sarıyer/İstanbul in writing or by sending it via e-mail to [email protected].
The Buyer, who has established a distance contract on the Seller’s electronic commerce site with the Seller’s Website membership account, may apply to the carrier that delivered the product to him using the return code that he can access from his account on the Website.
If the Buyer has shopped as a visitor without any membership while establishing a distance contract on the Seller’s electronic commerce site, he / she communicates the withdrawal notification by contacting Customer Service and can leave the product to the carrier that delivered the product to him / her together with the return code to be sent to the e-mail account used in the order by Customer Service.

7.3. The Buyer is obliged to deliver the product to the carrier that delivered the product to him within 14 (fourteen) days from the date of exercising the right of withdrawal as stated above.

The Buyer, while exercising the right of withdrawal; The invoice, box, packaging, standard accessories, if any, of the product delivered to the Buyer or the person designated by the Buyer as the person to be delivered together with the product must be delivered to the Seller complete and undamaged. This period starts to run from the date the Buyer is given a return code.

Accordingly, the Buyer may lose the right of withdrawal if there is a change or deterioration due

to the failure to use the product in accordance with the instructions for use, technical specifications and operation of the product until the date of withdrawal; In cases accepted by the Seller, a discount is made from the price of the product to be returned up to the change / deterioration.

In the event that the Buyer is a merchant real or legal person and / or the invoice for the product subject to the Contract is issued on behalf of the merchant Buyer, except for the consumer rights of the Buyer, if the Buyer wishes to return the product, the product must be sent together with the return invoice to be issued when returning the product. (In the event that the Buyer is a merchant real or legal person and / or the invoice for the product subject to the Contract is issued on behalf of the merchant Buyer; The Buyer cannot benefit from the provisions and consumer rights to grant special rights and opportunities to consumers regulated in this Agreement and the law).
7.4. In the event that the value of the goods returned by the Buyer within the scope of the right of withdrawal is reduced due to the fault of the Buyer or the goods in question are destroyed due to the fault of the Buyer, the Buyer must compensate the Seller for the value or reduction in the value of the goods.
7.5. The Seller shall refund to the Buyer within 14 (fourteen) days from the date of receipt of the notification regarding the right of withdrawal all payments collected, including the delivery costs of the goods, if any. Regulations regarding the cases where the right of withdrawal cannot be exercised are reserved. In cases where the Buyer purchases more than one product in an order and uses the right of withdrawal for one or more of these products and does not use the right of withdrawal for one or more of them, the Buyer shall be refunded the delivery costs for the products subject to the right of withdrawal. In this return process, the product must be delivered complete and undamaged together with its box, packaging, standard accessories, if any. In addition, in accordance with the tax legislation, in addition to the cases where a return invoice must be issued by the Buyer by law, the following section regarding the return shall be filled and signed on the invoice to be returned with the product. Order returns whose invoice is issued on behalf of institutions (legal entities) will not be accepted unless a return invoice is issued).
7.6. Provided that the products subject to the right of withdrawal are used within the framework of the methods described above, the transportation costs for the return of the products to the Seller are not requested from the Buyer in the event that the Buyer sends the products to the Seller via Domestic Cargo. The Seller shall not be responsible for the transportation costs for product returns other than the cases and carriers specified herein. The transportation fee for the products sent to the Seller without notification of withdrawal shall be borne by the Buyer. In this case, the Buyer knows and accepts that it will pay the transportation fee in question.
7.7. The legal rights and responsibilities of the Buyer after the withdrawal period regarding the Products and the rights and obligations of the Seller from the Buyer, including contractual and legal collection / deduction rights, are also available and valid.

Rules on Security/Privacy, Personal Information, Electronic Communications and Intellectual and Industrial Rights

8.1. The necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken in the system infrastructure of the Seller to the extent of today’s technical facilities according to the nature of the information and transaction. However, since such information is entered from the Buyer’s device, it is the responsibility of the Buyer to take the necessary measures, including those related to viruses and similar harmful applications, to protect them on the Buyer’s side and to prevent them from being accessed by unrelated persons.
8.2. The information obtained during the Buyer’s membership to the Website and shopping may be recorded, stored in printed / magnetic archives, updated, shared, transferred, transferred, transferred, used and otherwise processed by the Seller, for electronic and other commercial / social communications to be made for all kinds of information, advertising-promotion, promotion, sales, marketing, store card, credit card and membership applications, indefinitely or for a period of time to be stipulated by those specified and their successors, updated, shared, transferred, transferred, used and otherwise processed when deemed necessary. These data may also be transmitted to the relevant authorities and courts when required by law. The Buyer has consented and authorized the use, sharing and processing of his/her existing and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the above scope and to make commercial and non-commercial electronic communications and other communications to him/her.
8.3. The Buyer may stop data use/processing and/or communications at any time by contacting the Seller through the specified communication channels. According to the Buyer’s explicit notification in this regard, personal data processing and/or communications to the party shall be stopped within the legal maximum period; in addition, if the Buyer wishes, his/her information, except for those that are legally required and/or possible, shall be deleted from the data recording system or anonymized in such a way that his/her identity cannot be determined. If the Buyer wishes, he/she may always apply to the Seller through the above-mentioned communication channels and obtain information about the transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him/her by analyzing it with automated systems, and compensation in case of damage due to unlawful processing of data. Applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
8.4. Regarding all kinds of information and content belonging to the Website and their arrangement, revision and partial / complete use; The copyright of the Seller’s Website and the services and contents on the Website belongs to Oan Health Doğal Gıda Ürünleri Ticaret Limited Şirketi and / or persons who license or provide content to Oan Health Doğal Gıda Ürünleri Ticaret Limited Şirketi and is protected under the provisions of the Law No. 5846 on Intellectual and Artistic Works and other relevant legislation. The services and contents in question may not be reproduced, distributed, published and marketed in any way without authorization, derivative works may not be made or prepared from them, or may not be given to the access or use of any third party. In the event of any violation in this context, the Buyer has accepted, declared and undertaken that it will be held legally and criminally liable.
8.5. The Seller reserves the right to make any changes that it may deem necessary in the above matters; these changes shall be effective from the moment they are announced by the Seller on the Website or by other appropriate methods.
8.6. The privacy and security policies and terms of use of other sites accessed from the Website are valid, and the Seller is not responsible for any disputes and negative consequences that may arise.

Dispute Resolution, Grievance Procedure

9.1. In disputes arising out of this Agreement, according to the monetary limits in the current legislation, the arbitration committees of the province/district where the Buyer resides or where the Buyer transacts and the Consumer Courts of the Seller’s residence or the Buyer’s residence are authorized and authorized.
9.2. In addition to all legal and contractual rights, the Buyer may contact the Seller’s customer service and communicate complaints, criticisms and suggestions. It is also possible to convey wishes, requests, demands and complaints to OAN Health via the Contact Form on the OAN Health Website.
9.3. The Buyer acknowledges that he / she has read all the conditions and explanations contained in the Preliminary Information Form, which constitutes an integral part of this Agreement and the Agreement, the basic features and qualities of the products subject to sale, sales price, payment method, delivery conditions, other information about the product subject to sale and the right of withdrawal, including security / privacy, personal information, electronic communication and reward / gift points conditions and all the issues in Article 5 of this Agreement. It accepts and declares that it has information about all the issues in Article 5 of this Agreement and accepts and declares that it accepts the provisions of this Agreement by giving acceptance-approval-confirmation-permission electronically in case the Order is realized.

Enforcement

This Agreement is arranged as 10 (ten) pages 11 (eleven) articles. The Buyer is deemed to have accepted all the terms of this Agreement by pressing the (I accept) order button for the order placed on the Website.