NOVARİS KOZMETİK SANAYİ TİCARET ANONİM ŞİRKETİ
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been concluded between the following
parties under the terms and conditions set out below.
I – SELLER INFORMATION
(Hereinafter referred to as the “SELLER”)
Company Name: NOVARİS KOZMETİK SANAYİ TİCARET ANONİM
ŞİRKETİ
Address: MERKEZ MAH. KAĞITHANE CAD NO 39/B NO:1 KAĞITHANE / MERKEZ
Telephone: +90 545 170 30 30
E-mail: [email protected]
II – BUYER INFORMATION
(Hereinafter referred to as the “BUYER”)
Recipient:
Delivery Address:
Telephone:
E-mail / Username:
III – INTERMEDIARY SERVICE PROVIDER INFORMATION
|
Information |
Details |
|
Intermediary Service Provider Company Name |
Novaris Kozmetik Sanayi Ticaret Anonim Şirketi |
|
Intermediary Service Provider MERSIS No. |
0632148504200001 |
|
Intermediary Service Provider Registered Address |
Merkez Mahallesi Kağıthane Caddesi No:39 B/1 Kağıthane /
İstanbul |
|
Intermediary Service Provider Telephone |
|
|
Intermediary Service Provider E-mail |
By accepting this Agreement, the Buyer acknowledges in
advance that, upon confirming the order subject to the Agreement, the Buyer
will be obliged to pay the order amount and any additional charges specified,
such as delivery charges and taxes, where applicable. The provisions relating
to announcements made by the Seller on sales platforms concerning delivery
charges are reserved.
2. DEFINITIONS
For the purposes of the implementation and interpretation of
this Agreement, the following terms shall have the meanings set out below:
|
Term |
Definition |
|
I – WEBSITE |
The Seller’s website. |
|
II – BUYER |
A natural or legal person who acquires, uses or benefits
from goods or services for non-commercial or non-professional purposes. |
|
III – MINISTER |
The Minister of Customs and Trade. |
|
IV – INTERMEDIARY SERVICE PROVIDER |
Novaris Kozmetik Sanayi Ticaret Anonim Şirketi. |
|
V – MINISTRY |
The Ministry of Customs and Trade. |
|
VI – NOVARİS |
Novaris Kozmetik Sanayi Ticaret Anonim Şirketi, the
Intermediary Service Provider providing the Platform through which Sellers
offer products and services, hereinafter briefly referred to as “Novaris”. |
|
VII – SERVICE |
The subject matter of any consumer transaction other than
the supply of goods, performed or undertaken in return for a fee or benefit. |
|
VIII – LAW |
Law No. 6502 on Consumer Protection. |
|
IX – PLATFORM |
The website and mobile application named www.essay.com.tr belonging to Novaris
Kozmetik Sanayi Ticaret Anonim Şirketi. |
|
X – SELLER |
A natural and/or legal person, including public legal
entities, who offers goods to consumers for commercial or professional
purposes or acts on behalf of or for the account of a person offering goods. |
|
XI – DELIVERY POINT |
Addresses and/or locker compartments located at such
addresses where Products purchased by Buyers through Novaris will be
delivered by logistics companies and collected by Buyers. |
|
XII – AGREEMENT |
This Agreement concluded between the Seller and the Buyer. |
|
XIII – PARTIES |
The Seller and the Buyer. |
|
XIV – PRODUCT OR PRODUCTS |
Movable goods, residential or holiday accommodation goods
subject to purchase, and software, audio, visual and similar products
prepared for use in an electronic environment. |
|
XV – REGULATION |
The Distance Contracts Regulation (Official Gazette:
24.05.2025/32909). |
3. SUBJECT MATTER AND SCOPE OF THE AGREEMENT
3.1.
This Distance Sales Agreement (“Agreement”) has been
prepared in accordance with Law No. 6502 on Consumer Protection (“Law”) and the
Distance Contracts Regulation. The Parties acknowledge and declare that they
are aware of and understand their obligations and responsibilities arising from
the Law and the Distance Contracts Regulation under this Agreement.
3.2.
The subject matter of this Agreement is to determine the
rights and obligations of the Parties in accordance with the Law and the
Distance Contracts Regulation concerning the sale and delivery of goods or
services having the characteristics specified in the Agreement, which the Buyer
electronically orders from the Seller offering goods or services for sale on
the Platform operated by Novaris.
3.3.
The conclusion of this Agreement shall not prevent the
implementation of the provisions of the Website Membership Agreements
separately concluded between the Parties and Novaris. The Parties acknowledge
and declare that, where Novaris is not designated as the Seller in the sale of
the goods or services subject to this Agreement, Novaris shall not otherwise be
a party to the relevant sale and shall have no responsibility or undertaking
regarding the fulfilment of the Parties’ obligations under the Agreement.
3.4.
The Buyer acknowledges and declares that the Buyer has been
informed about the basic characteristics of the goods or services subject to
sale, the sales price, payment method, delivery conditions, all preliminary
information relating to the goods or services subject to sale and the right of
withdrawal; that the Buyer has confirmed such preliminary information
electronically; and that the Buyer subsequently placed the order for the goods
or services. The preliminary information displayed on the payment page of www.essay.com.tr and the invoice constitute
integral parts of this Agreement.
4. MATTERS ON WHICH THE BUYER HAS BEEN PRE-INFORMED
4.1.
The Buyer acknowledges that, before this Agreement was
established through acceptance by the Buyer on the Platform and before
undertaking the order and payment obligations, the Buyer examined, read,
understood and received the necessary information regarding all general and
specific explanations contained on the relevant pages and sections of the
Platform concerning the following matters:
I. The Seller’s company name, contact details and
current identifying information;
II. The stages of the sales transaction when Products
are purchased through the Platform and appropriate tools and methods for
correcting incorrectly entered information;
III. Information regarding the professional chamber
to which the Seller belongs, namely the Istanbul Chamber of Commerce (ITO), and
electronic contact information through which the professional rules of conduct
prescribed by the ITO may be obtained;
Telephone: 444 0 486
Website: www.ito.org.tr
IV. The privacy, data-use and data-processing rules
applicable to Buyer information implemented by Novaris, electronic
communication rules applicable to the Buyer, permissions granted by the Buyer
to Novaris in these matters, the Buyer’s legal rights, the Seller’s rights and
the Parties’ rights and methods of exercising such rights;
V. Any delivery restrictions prescribed by the Seller
for the Products;
VI. Payment methods and instruments accepted by
Novaris for the Products subject to the Agreement, the basic characteristics
and features of the Products, and the total price including taxes and all
relevant expenses payable by the Buyer to the Seller;
VII. Procedures for delivery of the Products to the
Buyer and information concerning transport, delivery and shipping costs;
VIII. Other payment, collection and delivery
information concerning the Products, information regarding performance of the
Agreement and the responsibilities of the Parties in these matters;
IX. Products and other goods or services for which
the Buyer does not have a right of withdrawal;
X. Where the Buyer has a right of withdrawal, the
conditions, period and procedure for exercising such right and the fact that
the Buyer will lose the right of withdrawal if it is not exercised within the
applicable period;
XI. For Products subject to a right of withdrawal, if
the Product deteriorates or is altered during the withdrawal period as a result
of failure to use the Product in accordance with its instructions for use,
normal operation or technical specifications, the Buyer may be refused a
withdrawal request and shall in any event be liable to the Seller. Where
accepted by the Seller, the Seller may deduct an amount it considers
appropriate according to the deterioration or alteration from the refund
payable to the Buyer;
XII. Where a right of withdrawal exists, the manner
in which Products may be returned to the Seller and all relevant financial
matters, including return methods and costs, refund of the Product price and
any deductions or set-offs that may be made in respect of reward points earned
and/or used by the Buyer;
XIII. The conditions and special requirements
applicable to various opportunities and promotions that may periodically be
offered on the Platform;
XIV. All other sales conditions contained in this
Agreement according to their nature and the fact that, after this Agreement has
been approved and concluded by the Buyer on the Platform, it will be sent
electronically to the Buyer by e-mail and may be stored and accessed by the
Buyer for the desired period, while Novaris may retain it for three (3) years;
XV. In the event of disputes, the communication
details through which the Buyer may submit complaints to Novaris or the Seller
and the Buyer’s right to make legal applications to Provincial/District
Consumer Arbitration Committees and Consumer Courts in accordance with the
relevant provisions of Law No. 6502.
5. INVOICE INFORMATION
Name / Surname / Company Name:
Address:
Telephone:
E-mail / Username:
5.1. Invoice Delivery
The invoice shall be delivered to the delivery address
together with the order during delivery.
6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE
AGREEMENT
6.1.
The basic characteristics of the Goods/Product(s)/Service,
including type, quantity, brand/model, colour and number of units, are stated
on the Platform operated by Novaris. Where a campaign is organised by the
Seller, the basic characteristics of the relevant Product may be reviewed
during the campaign period. Such information shall remain valid until the
campaign end date.
6.2.
The prices listed and advertised on the Website are sales
prices. Advertised prices and offers remain valid until updated or changed.
Prices advertised for a specified period remain valid until the end of the
stated period.
6.3.
The total sales price of the Goods/Service subject to the
Agreement, including all taxes, is shown in the table below:
|
Product Description |
Quantity |
Cash Price |
Subtotal (Including VAT) |
|
Shipping Cost |
|||
Note: In purchases made simultaneously through the
open marketplace and/or other boutiques of www.essay.com.tr,
the total discount amount earned, shipping cost and instalment difference,
where applicable, are shown together in the above table.
|
Delivery Information |
|
|
Delivery Address |
|
|
Recipient |
|
|
Invoice Address |
|
|
Order Date |
|
|
Delivery Date* |
No later than 3 business days |
|
Delivery Method |
Delivery to the Buyer or to a www.essay.com.tr Delivery Point |
Time for Delivery to the Courier Company: At least 3
business days.
* The exceptions provided under the Agreement and applicable
legislation are reserved.
** The stated period does not constitute a commitment
regarding delivery; it refers to the period within which the Seller delivers
the Product to the courier company.
6.4.
The relevant Product price is collected from the Buyer by
Novaris on behalf of the Seller within the scope of the “Buyer Protection”
system. By paying the Product price to Novaris, the Buyer shall be deemed to
have paid the Product price to the Seller and shall not be required to make a
further payment. The Buyer’s rights to refunds under applicable legislation are
reserved.
7. PAYMENT METHOD AND DEFAULT
7.1.
Since deferred sales are made only using credit cards issued
by banks, the Buyer acknowledges, declares and undertakes that the Buyer will
separately confirm the applicable interest rates and information concerning
default interest with the relevant bank and that provisions concerning interest
and default interest shall apply under the credit card agreement between the
Bank and the Buyer in accordance with applicable legislation.
7.2.
If the Buyer defaults on a transaction made by credit card,
the cardholder shall pay interest to the bank and shall be liable to the bank
under the credit card agreement concluded between them. In such circumstances,
the relevant bank may initiate legal proceedings and claim any resulting costs
and legal fees from the Buyer. In all cases, where the Buyer defaults in
relation to the debt, the Buyer shall be responsible for any loss or damage
suffered by the Seller due to delayed performance of the Buyer’s obligations.
7.3.
Deferred or instalment payment facilities provided by
institutions issuing credit cards, instalment cards or similar financial
instruments, including banks and financing institutions, constitute credit
and/or instalment payment facilities directly provided by such institutions.
Accordingly, Product sales in respect of which the Seller has received the full
price shall constitute cash sales between the Parties to this Agreement and
shall not be considered instalment sales.
The Seller’s statutory rights in circumstances legally
regarded as instalment sales, including the right to terminate the Agreement
and/or demand payment of the remaining debt together with default interest if
any instalment is not paid, are reserved.
In the event of default by the Buyer, default interest shall
be applied at a rate of 5% per month.
8. DELIVERY OF PRODUCTS
8.1.
The Agreement shall enter into force upon electronic
approval by the BUYER and shall be performed upon delivery of the Goods/Service
purchased by the BUYER from the SELLER.
The Goods/Service shall be delivered to the address and
authorised person(s) specified by the BUYER in the order form and this
Agreement.
The Product shall be delivered, together with its invoice,
properly packaged and intact, to the delivery address specified by the BUYER on
the Website or to the person or organisation located at such address, within a
maximum of 30 days, subject to mandatory circumstances that may extend this
period.
Where the BUYER selects delivery to a Novaris Delivery Point
during the order process, the Product shall be delivered by the logistics
company integrated with Novaris to the Delivery Point selected by the BUYER
within a maximum of 30 days.
After the Product has been placed at the Delivery Point, the
BUYER shall collect the Product within a maximum of 3 days using the code sent
to the telephone number provided when registering on the Platform.
If the BUYER fails to collect the Product within this
period, the Product shall be deemed to have been returned and the Product price
shall be refunded to the credit card or bank account used for the order.
8.2.
If the Product is to be delivered to a person or
organisation other than the BUYER, the SELLER shall not be held responsible if
the person or organisation designated for delivery refuses to accept the
delivery.
8.3.
The BUYER is responsible for checking the Product upon
receipt and, where any damage caused by transportation is observed, refusing to
accept the Product and having a damage report prepared by the courier company
representative. Otherwise, the SELLER shall not accept responsibility.
9. GENERAL PROVISIONS
9.1.
The BUYER acknowledges, declares and undertakes that the
BUYER has read and understood the preliminary information concerning the basic
characteristics, sales price, payment method and delivery of the Product
subject to the Agreement on the Platform and has provided the necessary
electronic confirmation.
9.2.
The BUYER may submit requests and complaints in the capacity
of “Consumer” through the SELLER’s contact details stated above and/or through
the channels provided by the Platform.
9.3.
The BUYER acknowledges, declares and undertakes that, before
confirming the Preliminary Information Form electronically and before the
Distance Sales Agreement was concluded, the BUYER accurately and completely
received the address, basic characteristics of the Products ordered, prices
including taxes, payment information and delivery information that the SELLER
was required to provide.
9.4.
Each Product subject to the Agreement shall be delivered to
the BUYER or to the person and/or organisation at the address specified by the
BUYER or to the www.essay.com.tr Delivery
Point through the courier company integrated with Novaris, within the period
stated in the preliminary information on the Website and in any event without
exceeding the statutory period of 30 days, depending on the distance of the
BUYER’s place of residence.
If the SELLER fails to perform its obligation within this
period, the BUYER may terminate the Agreement.
The delivery date stated as “Estimated Delivery Date” on the
Website is an estimate and does not constitute a commitment.
The Products shall be delivered to the BUYER within a
maximum of 30 days as prescribed by applicable legislation.
If the BUYER or the recipient is not present at the address
at the time of delivery, the SELLER shall not be responsible for losses or
expenses arising from the BUYER receiving the Product late or failing to
receive it at all.
9.5.
The SELLER accepts, declares and undertakes to deliver the
Product subject to the Agreement completely and in accordance with the
characteristics specified in the order, together with warranty certificates,
user manuals and other information and documents required by the nature of the
transaction, where applicable; to perform the transaction in accordance with
legal requirements, free from defects, safely and in compliance with applicable
standards and in accordance with the principles of honesty and good faith; to
maintain and improve service quality; and to exercise the necessary care and
diligence and act with due prudence and foresight during performance.
9.6.
Before expiry of the performance period arising from the
Agreement, the SELLER may, after informing the BUYER and obtaining the BUYER’s
explicit consent, supply a different Product of equal quality and price.
9.7.
If performance of the order becomes impossible and the
SELLER cannot fulfil its obligations under the Agreement, the SELLER undertakes
to notify the consumer in writing within 3 days from the date on which it
becomes aware of such impossibility and to refund the total amount to the BUYER
within 14 days.
9.8.
Except in extraordinary circumstances, where it becomes
apparent for a justified reason that the Products subject to the Agreement
cannot be supplied, the SELLER may, after informing the BUYER and obtaining the
BUYER’s consent, supply another product or service of equal quality and price
and shall be deemed to have fulfilled its undertaking under the Agreement
accordingly.
9.9.
The BUYER acknowledges, declares and undertakes that, if the
Product price is not paid for any reason and/or the transaction is cancelled in
the records of the bank or financial institution, the SELLER’s obligation to
deliver the Product subject to the Agreement shall cease.
The BUYER also acknowledges that the SELLER shall bear no
responsibility for payments made by the bank and/or financial institution to
the SELLER in respect of transactions that were initially returned with an
unsuccessful code.
9.10.
If the holder of the credit card used for the order is not
the same person as the BUYER, or if a security vulnerability relating to the
credit card used in the order is identified before delivery of the Product to
the BUYER, the SELLER may request the BUYER to provide the identity and contact
details of the credit card holder, the statement of the credit card for the
preceding month, or a letter from the cardholder’s bank confirming that the
credit card belongs to the cardholder.
The order shall be suspended until the BUYER provides the
requested information/documents. If the requested information/documents are not
provided within 24 hours, the SELLER shall have the right to cancel the order.
9.11.
If, after delivery of the Product to the BUYER or to the
person and/or organisation at the address designated by the BUYER, or after
collection by the BUYER from a www.essay.com.tr
Delivery Point, the Product price is not paid to the SELLER by the relevant
bank or financial institution due to unauthorised use of the BUYER’s credit
card, the BUYER accepts, declares and undertakes to return the Product to the
SELLER within 3 days, with transportation costs borne by the BUYER.
9.12.
Before accepting delivery, the BUYER shall inspect the
Goods/Service and shall not accept any Goods/Service that is dented, broken,
has torn packaging or is otherwise damaged or defective from the courier
company.
Goods/Service received shall be deemed to have been received
intact and undamaged. After delivery, the obligation to carefully preserve the
Goods/Service belongs to the BUYER.
If the right of withdrawal is to be exercised, the
Goods/Service must not be used and the invoice must be returned.
9.13.
Unless otherwise provided, delivery costs shall be borne by
the BUYER. Where the SELLER states on the Platform that delivery costs shall be
covered by the SELLER, the delivery costs shall be borne by the SELLER.
Delivery shall be made within the promised period after
payment has been completed, provided that the SELLER has sufficient stock.
9.14.
Where performance of the order for the Goods or Service
becomes impossible, the SELLER must notify the BUYER in writing or through a
durable medium within 3 days from the date on which it becomes aware of the
situation and refund all payments collected, including delivery costs where
applicable, within a maximum of 14 days from the date of notification.
Lack of stock shall not be regarded as impossibility of
performance.
9.15.
The BUYER shall have the right to request cancellation of
the order, replacement of the Product subject to the Agreement with an
equivalent product where available, and/or postponement of delivery until the
impediment to delivery has been removed.
In payments made by credit card, the BUYER acknowledges that
the average period for the bank to reflect the amount refunded by the SELLER to
the credit card in the BUYER’s account may take 2 to 3 weeks and that any delay
in reflecting the amount after the refund has been made to the bank is entirely
related to the bank’s processing procedures.
9.16.
No rights may be asserted against the BUYER where
unsolicited Goods are sent. However, in such circumstances, the BUYER’s silence
or use of the Goods shall be regarded as acceptance of the conclusion of the
Agreement.
9.17.
Restrictions may be imposed on the number of Products that
the BUYER may order during periods announced on the Platform.
If the BUYER orders more Products than the quantity
specified in such announcements, the orders may be cancelled and the Product
prices shall be refunded within the statutory period.
The BUYER acknowledges and undertakes that Novaris and/or
the SELLER shall have the right to cancel orders exceeding the applicable
quantity limits.
9.18.
Novaris shall have the right to transfer orders that the
SELLER is unable to supply for any reason to another SELLER, provided that the
statutory delivery period is not exceeded and the replacement Product has the
same characteristics as the Product ordered by the BUYER.
In such circumstances, the Product shall be sent to the
BUYER by the new SELLER and the Distance Sales Agreement shall be concluded
between the new SELLER and the BUYER.
Novaris and/or the SELLER shall not charge the BUYER any
additional price, fee or expense.
9.19.
The BUYER declares and undertakes that the personal and
other information provided while registering on the SELLER’s website is
accurate and that the BUYER shall immediately compensate, in cash and in full,
all losses incurred by the SELLER due to inaccurate information upon the
SELLER’s first notification.
9.20.
The SELLER shall have the right to contact the BUYER through
the address, e-mail address, landline and mobile telephone numbers and other
contact details provided by the BUYER during registration or subsequently
updated by the BUYER, by letter, e-mail, SMS, telephone call and other means
for communication, marketing, notification and other purposes.
By accepting this Agreement, the BUYER acknowledges and
declares that the SELLER may carry out the communication activities described
above.
9.21.
The BUYER agrees and undertakes from the outset to comply
with applicable laws and regulations when using the SELLER’s website and not to
violate them.
Otherwise, all legal and criminal liabilities arising
therefrom shall be borne exclusively by the BUYER.
9.22.
The BUYER may not use the SELLER’s Website in any manner
that disrupts public order, violates general morality, disturbs or harasses
others, serves an unlawful purpose or infringes the material or moral rights of
others.
The Member may also not engage in activities that prevent or
make it difficult for others to use the services, including spam, viruses,
Trojan horses or similar activities.
9.23.
The SELLER’s Store/Website may contain links to other
websites and/or content owned and/or operated by third parties outside the
SELLER’s control.
Such links are provided solely for the convenience of the
BUYER and do not constitute an endorsement of any website or its operator, nor
do they constitute any guarantee concerning the information contained on the
linked website.
9.24.
A Member/BUYER who violates one or more of the provisions
contained in this Agreement shall be personally liable in criminal and civil
terms for such violation and shall hold the SELLER harmless from the legal and
criminal consequences of such violation.
Furthermore, if the matter is referred to the legal
authorities due to such violation, the SELLER reserves the right to claim
compensation from the BUYER/Member for breach of the Membership Agreement.
9.25.
In the event of suspected account security issues, unusual
transactions, suspected fraud/scam or non-compliance with applicable
legislation, the Company may temporarily suspend the Member account, impose
transaction limits and, where deemed necessary, request additional
verification.
Once the review has been completed, the account may be
reactivated or, if a breach of the Agreement is identified,
terminated/permanently closed.
10. SPECIAL TERMS
10.1.
The BUYER may shop from multiple boutiques on the Platform
using a single basket.
Multiple invoices may be issued by the SELLER for each
Product purchased from different boutiques within the same basket.
For the avoidance of doubt, the SELLER(s) may deliver
Products purchased by the BUYER from different boutiques at different times,
provided that the statutory delivery periods are observed.
10.2.
The BUYER’s bank may conduct campaigns allowing a greater
number of instalments than the number of instalments selected by the BUYER or
may offer services such as instalment deferral.
Such campaigns are at the discretion of the BUYER’s bank.
Where Novaris is informed of such campaigns, information about them may be
provided on the relevant pages.
The total order amount shall be divided into the applicable
number of instalments and reflected on the BUYER’s credit card statement by the
bank from the credit card statement date.
The bank may not distribute instalment amounts equally
between months due to rounding differences.
Preparation of the detailed payment plan is at the
discretion of the BUYER’s bank.
10.3.
For sales of Digital Products, the SELLER is obliged to
provide Novaris with all information and documents proving that the Products
have been fully and properly delivered to the BUYER and that the codes sent
operate completely, together with securely retained log records.
Otherwise, Novaris reserves its rights.
11. PERSONAL DATA PROTECTION, COMMERCIAL ELECTRONIC
COMMUNICATIONS, INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND INFORMATION
11.1.
“Processing of Personal Data” means any operation performed
on data, including obtaining, recording, storing, preserving, modifying,
reorganising, disclosing, transferring, taking over, making available,
classifying or preventing the use of data, whether carried out wholly or partly
by automated means or by non-automated means as part of a data recording
system.
11.2.
“Law No. 6698” means the Law No. 6698 on the Protection of
Personal Data.
11.3.
“Special Categories of Personal Data” shall include personal
data relating to an individual’s race, ethnic origin, political opinion,
philosophical belief, religion, sect or other beliefs, appearance and clothing,
membership of associations, foundations or trade unions, health, sexual life,
criminal convictions and security measures, and biometric and genetic data.
Where appropriate under these Terms and Conditions, the term
“Personal Data” shall also include Special Categories of Personal Data.
11.4.
Any processing of Personal Data shall be carried out in
accordance with this Agreement and applicable data protection legislation,
including Law No. 6698, concerning the protection of individuals, processing
and security requirements relating to such information and the free movement of
such information.
11.5.
Information that may be regarded as personal data under Law
No. 6698 includes the BUYER’s name, surname, e-mail address, Turkish Republic
identification number, demographic information, financial information and
similar data.
11.6.
For purposes including receiving orders; providing
Products/Services; improving Products/Services; resolving system problems;
processing payments; carrying out marketing activities concerning orders,
Products/Services where prior consent has been provided; updating BUYER
information; managing and maintaining memberships; performing this Distance
Sales Agreement and other agreements concluded between the BUYER and SELLER;
and enabling Novaris, its affiliates and third parties to provide technical,
logistical and other functions, the above-mentioned data may be recorded,
stored in written/electronic archives, used, updated, shared, transferred and
otherwise processed by Novaris, its affiliates and third parties and/or
organisations for an indefinite or specified period.
11.7.
In accordance with applicable legislation, Novaris may send
Members/BUYERS commercial electronic communications concerning
Products/Services for promotional, advertising, communication, promotional
campaign, sales and marketing purposes and for credit card and membership
information and transactions, through SMS/text messages, push notifications,
automated calls, computers, telephones, e-mail, fax and other electronic
communication tools.
The BUYER has accepted the sending of commercial electronic
communications.
11.8.
Necessary measures for the security of information and
transactions entered into the Platform have been taken within Novaris’s own
system infrastructure, to the extent permitted by current technical
capabilities and according to the nature of the information and transaction.
However, because such information is entered through devices
belonging to the BUYER, the BUYER is responsible for taking the necessary
precautions, including protection against viruses and similar harmful
applications, to ensure that such information is protected and inaccessible to
unauthorised persons.
11.9.
The BUYER may contact Novaris through the specified
communication channels and request that the use/processing of data and/or
communications be stopped at any time.
Upon the BUYER’s explicit request, processing of personal
data and/or communications to the BUYER shall be stopped within the maximum
period prescribed by law.
Where desired, information that is not legally required to
be retained and/or that may legally be deleted shall be deleted from the data
recording system or anonymised.
The BUYER may at any time apply to Novaris and request
information concerning the processing of personal data, persons to whom data
has been transferred, correction of incomplete or inaccurate information,
notification of relevant third parties of corrected information, deletion or
destruction of data, objection to a result arising against the BUYER through
analysis by automated systems, and compensation where the BUYER suffers damage
due to unlawful processing of data.
Such applications shall be examined and a response shall be
provided to the BUYER within the periods prescribed by applicable legislation.
11.10.
Except for information and content belonging to third
parties in accordance with Novaris’s agreements, all intellectual and
industrial property rights and ownership rights concerning all information and
content belonging to the Platform and the organisation, revision and partial or
complete use thereof belong to Novaris.
11.11.
The privacy and security policies and terms of use of other
websites accessed through the Platform shall apply to those websites. Novaris
shall not be responsible for disputes or adverse consequences that may arise in
connection with such websites.
12. CUSTOMS DUTIES, DAMAGED/BROKEN PRODUCTS AND RETURN
CONDITIONS
12.1. Customs Duties and Other Import Costs
For international orders, any customs duties, import duties,
charges, fees collected by public authorities, transaction fees, customs
clearance costs and any other additional financial obligations that may arise
due to the shipment of a Product to the country where the Buyer is located
shall be subject to the applicable legislation and practices of the relevant
country.
12.2.
Unless expressly provided otherwise under applicable
legislation, customs duties and other financial obligations arising from the
importation of Products into the country where the Buyer is located shall be
the responsibility of the Buyer.
The Seller has no control over the customs legislation, tax
practices, personal/income-related taxation practices or import procedures of
the country where the Buyer is located.
12.3.
Whether customs duties, import duties or similar financial
obligations arise, and the amount thereof, may vary depending on the
legislation of the country where the Buyer is located, the nature of the
Product, its declared value or value determined under applicable legislation,
the contents of the shipment and the practices of the relevant customs
authorities.
Therefore, the Seller does not provide a prior guarantee of
a fixed amount for customs duties or other import costs that may arise in the
Buyer’s country.
12.4.
Before placing an order, the Buyer is responsible for
reviewing the import, customs and tax legislation applicable in the Buyer’s own
country and for paying any customs duties and other legal financial obligations
arising from the order.
12.5.
If the Product is not collected, held at customs, returned,
destroyed or subjected to another procedure because the Buyer fails to pay
customs duties, import costs or other amounts requested as part of customs
procedures, any additional costs and losses that may arise shall, to the extent
permitted by applicable legislation, be borne by the Buyer.
12.6. Receipt of Damaged or Broken Products
At the time of delivery, the Buyer shall, to the extent
reasonably possible, inspect the outer packaging, box and Product itself in the
presence of the courier.
If breakage, cracks, dents, tears or similar damage clearly
caused by transportation is identified, the Buyer must have the courier prepare
a damage report at the time of delivery and notify the Seller without undue
delay.
12.7.
Where damage caused by the courier is identified at the time
of delivery, a report documenting that the damage occurred during courier
delivery shall be used as the basis for the evaluation and processing of the
claim.
The Buyer should, to the extent reasonably possible, retain
the damaged Product, its packaging and other documents relating to the
shipment.
12.8. Seller-Caused Damage
If it is determined that the Product is broken, damaged or
unusable due to a reason arising from the Seller’s packaging, preparation or
dispatch processes, and this is confirmed by relevant records, reports,
photographs or other reasonable evidence, the matter shall be evaluated
separately by the Parties and an appropriate solution shall be provided,
without prejudice to the mandatory rights of the Buyer under applicable
legislation.
12.9. Compensation with a Subsequent Order
If, following an examination by the Seller, it is accepted
that the damage was caused by the Seller, the relevant Product or an
appropriate replacement/compensation Product may, by agreement between the
Parties, be included with the Buyer’s next order.
This practice constitutes a commercial solution intended to
compensate for the relevant damage and shall not remove any mandatory legal
rights of the Buyer.
12.10. Refund of Product Price and Delivery Charges
The Product price and delivery charges paid as part of an
order shall only be refunded in circumstances separately accepted in writing by
the Seller.
Otherwise, with the mandatory provisions of applicable
legislation reserved, the Product price or delivery charge shall generally not
be refundable for Products that have been delivered and supplied in accordance
with the order.
12.11.
Where delivery of the Product is not possible due to reasons
attributable to the Buyer, including the provision of an incorrect or
incomplete address, refusal to accept delivery, failure to complete customs
procedures, failure to pay customs duties or other import costs, or failure to
complete necessary procedures during the courier delivery process in a timely
manner, the Seller’s liability shall be assessed in accordance with applicable
legislation.
Additional courier, customs, storage, return or similar
costs arising for these reasons may be borne by the Buyer.
12.12.
For international orders, the Buyer is responsible for
complying with the customs and import legislation of the Buyer’s country,
obtaining the necessary permits and documents, and fulfilling all taxes, duties
and other legal obligations requested from the Buyer.
12.13.
The customs, delivery, damage, breakage, compensation and
return provisions set out in this Article shall apply without prejudice to the
consumer protection legislation and other mandatory legal provisions of the
relevant country.
Where there is a conflict between mandatory legislation and
this Agreement, the applicable mandatory legal provisions shall prevail.
12.14.
By placing an order and electronically approving this
Agreement, the Buyer declares that the Buyer understands and accepts that, for
international shipments, customs duties, import duties, charges and other legal
financial obligations that may arise in the Buyer’s country may be payable by
the Buyer and that the Buyer must inspect the Product upon delivery and, to the
extent reasonably possible, have any courier-related damage recorded in an
official report.
13. CIRCUMSTANCES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT
BE EXERCISED
13.1.
In accordance with applicable legal regulations, no right of
withdrawal exists in contracts concerning the following goods/services, even if
they have not been used or otherwise benefited from:
I. Contracts relating to Goods/Services whose prices
vary depending on fluctuations in financial markets and which are not under the
control of the SELLER or Novaris;
II. Contracts relating to Goods prepared in
accordance with the consumer’s requests or personal needs;
III. Contracts relating to the delivery of Goods that
are liable to deteriorate rapidly or expire;
IV. Contracts relating to the delivery of Goods whose
return is unsuitable from a health or hygiene perspective where protective
elements such as packaging, tape, seals or packages have been opened after
delivery;
V. Contracts relating to Goods that, after delivery,
become mixed with other products and cannot be separated due to their nature;
VI. Contracts relating to books, digital content and
computer consumables supplied in physical form where protective elements such
as packaging, tape, seals or packages have been opened after delivery;
VII. Contracts relating to the delivery of
periodicals such as newspapers and magazines, except those supplied under a
subscription agreement;
VIII. Contracts relating to accommodation,
transportation of goods, car rental, food and beverage supply and leisure
activities for entertainment or recreation where performance is required on a
specific date or during a specific period;
IX. Contracts relating to services performed
immediately in an electronic environment and intangible Goods delivered
immediately to the BUYER;
X. Contracts relating to services for which
performance has begun with the BUYER’s consent before expiry of the withdrawal
period.
Where the Goods/Services subject to the Agreement consist of
types of goods/services excluded from the scope of the Distance Contracts
Regulation, including foodstuffs, beverages or other daily consumption goods
supplied to the consumer’s residence as part of regular deliveries by the
SELLER, or services in sectors such as travel, accommodation, catering and
entertainment, the right of withdrawal cannot be exercised because the
provisions of the Distance Contracts Regulation do not apply to the legal relationship
between the BUYER and SELLER;
XI. Products not suitable for return, including
underwear bottoms, swimsuit and bikini bottoms, cosmetics and personal care
products, intimate products and single-use products;
XII. Other goods/services generally regarded as
outside the scope of distance sales under applicable legislation and contracts
where the BUYER makes the purchase for commercial/professional purposes, in
which case the right of withdrawal cannot be exercised in accordance with the
Regulation.
13.2.
Where an “Electronic Code” is purchased through the Platform
operated by Novaris, the right of withdrawal shall not apply to such orders
pursuant to Article 15/1(g) of the Distance Contracts Regulation.
No return code may be generated through the Website for such
orders.
14. RESOLUTION OF DISPUTES
14.1.
For the implementation of this Distance Sales Agreement,
District/Provincial Consumer Arbitration Committees located at the place where
the BUYER purchased the Goods or Service and where the BUYER resides shall have
jurisdiction up to the monetary threshold specified in paragraph 1 of Article
68 of Law No. 6502 on Consumer Protection and announced annually.
15. EVIDENCE AGREEMENT
15.1.
The BUYER accepts, declares and undertakes that, in disputes
arising from this Agreement, the official books and commercial records of the
SELLER and Novaris, as well as electronic information and computer records
stored in their databases and servers, shall constitute binding, conclusive and
exclusive evidence, and that this provision constitutes an evidence agreement
within the meaning of Article 193 of the Code of Civil Procedure.
16. NOTICES
16.1.
Communication with Members shall be carried out through the
e-mail addresses/telephone numbers provided during registration or through
general information provided on the Website.
Communication through e-mail/telephone shall constitute
written communication.
The Member is responsible for keeping the e-mail address up
to date and regularly checking the Website for notifications.
17. FINAL PROVISIONS
17.1.
Where it is determined that the information contained in
documents provided in connection with an order is incomplete, fraudulent and/or
incorrect, or where there is a suspicion or determination that the order has
been placed in bad faith and/or for commercial and/or profit-making purposes,
the Company reserves the right, at any time and provided that the BUYER is
informed, to suspend and/or cancel the order application for the purpose of
carrying out the necessary investigations.
In the event of cancellation, the refund process may be
carried out provided that the BUYER is informed accordingly.
17.2.
All such information is provided for commercial purposes in
accordance with the applicable remote communication tools and the principle of
good faith, in a manner protecting minors and adults lacking legal capacity or
whose capacity is restricted.
17.3.
The current rules and conditions applicable to Novaris, the
Seller and the Consumer concerning transaction security, protection of
information, privacy, processing/use of information and commercial electronic
communications on the Website are provided for the Consumer’s information.
The Consumer may contact Novaris at any time through the
communication channels specified in relation to these matters.
17.4.
Novaris is a member of the Istanbul Chamber of Commerce
(ITO). The electronic contact information through which the professional rules
of conduct of the ITO may be obtained is as follows:
Website: www.ito.org.tr
Telephone: 444 0 486
17.5.
After the information and this Agreement set out above and
below have been approved and accepted by the BUYER on the Website, all such
documents will be sent to the e-mail address specified by the BUYER together
with the order confirmation.
The BUYER may save and retain these documents for future
access. They shall also be retained in Novaris’s systems for a maximum period
of three years in accordance with applicable legislation.
18. EXCEPTION
18.1.
The provisions of this Agreement that provide legal
protection to consumers under Law No. 6502 on Consumer Protection shall apply
only where the BUYER qualifies as a Consumer.
Where the BUYER does not meet the definition of “Consumer”
under Law No. 6502, the relevant provisions shall not apply between the
Parties.
19. EFFECTIVENESS
19.1.
This Agreement, consisting of 19 (nineteen) articles,
has been read by the Parties and concluded and entered into force upon
electronic approval by the BUYER on the transaction date.
A copy of the Agreement is available in the BUYER’s
membership account and shall also be sent by e-mail upon request.
IMPORTANT DELIVERY NOTE
By accepting delivery from the courier personnel arriving at
the address, the Buyer confirms that the Buyer will open and inspect the
Product in the presence of the courier personnel and, if any damage, breakage
or deterioration is identified, will have a damage report prepared and return
the Product to the Seller before the courier personnel leaves.
If a damage report is not prepared, responsibility shall
rest with the customer.