DISTANCE SALES AGREEMENT
NOVARIS KOZMETIK SANAYI TICARET ANONIM SIRKETI
1. PARTIES
This Agreement is executed between the parties identified
below, under the terms and conditions herein.
SELLER INFORMATION
(Hereinafter referred to as “SELLER”)
Trade Name:
Address:
Telephone:
E-mail:
BUYER INFORMATION
(Hereinafter referred to as “BUYER”)
Name of Recipient:
Delivery Address:
Telephone:
E-mail / Username:
INTERMEDIARY SERVICE PROVIDER INFORMATION
Intermediary Service Provider Title: Novaris
Kozmetik Sanayi Ticaret Anonim Şirketi
MERSIS Number: 0632148504200001
Address: Merkez Mahallesi Kağıthane Caddesi No:39 B/1 Kağıthane / Istanbul
Telephone:
E-mail:
By accepting this Agreement, the BUYER acknowledges and
agrees in advance that, upon confirming the order, they will be under the
obligation to pay the order amount and any applicable additional charges such
as shipping fees and taxes. Provisions relating to shipping fees announced by
the SELLER on sales platforms remain reserved.
2. DEFINITIONS
For the implementation and interpretation of this Agreement,
the following terms shall have the meanings assigned to them below:
Website:
The website owned by the SELLER.
Buyer:
A natural or legal person who acquires, uses, or benefits from goods or
services for non-commercial or non-professional purposes.
Minister:
The Minister of Customs and Trade.
Intermediary Service Provider:
Novaris Kozmetik Sanayi Ticaret Anonim Şirketi.
Ministry:
The Ministry of Customs and Trade.
Novaris:
The Intermediary Service Provider operating the platform where sellers offer
goods and services.
Service:
Any consumer transaction other than the supply of goods performed or committed
to be performed in exchange for a fee or benefit.
Law:
Law No. 6502 on Consumer Protection.
Platform:
The website www.essay.com.tr and
its mobile application owned by Novaris.
Seller:
Any natural or legal person, including public legal entities, who offers goods
to consumers for commercial/professional purposes or acts on behalf or account
of such persons.
Delivery Point:
Designated locations or locker units where products purchased through Novaris
are delivered by logistics providers and collected by Buyers.
Agreement:
This Distance Sales Agreement executed between the SELLER and the BUYER.
Parties:
The SELLER and the BUYER.
Product or Products:
Movable property, immovable residential/vacation property, electronic software,
audio, visual or other digital content offered for sale.
Regulation:
Distance Contracts Regulation (Official Gazette: 24.05.2025 / 32909).
3. SUBJECT AND SCOPE OF THE AGREEMENT
3.1
This Distance Sales Agreement (“Agreement”) is executed in accordance with the
Consumer Protection Law No. 6502 (“Law”) and the Distance Contracts Regulation.
The Parties acknowledge and declare that they are aware of their rights and
obligations arising from these laws and regulations.
3.2
The subject of this Agreement is the sale and delivery of goods and/or services
that the BUYER orders electronically from the SELLER through the Platform
operated by Novaris, including the determination of the rights and obligations
of the Parties in accordance with the Law and the Regulation.
3.3
Execution of this Agreement does not prevent enforcement of the membership
agreements separately entered into between each Party and Novaris. The Parties
accept that Novaris is not a party to this Agreement unless explicitly defined
as a SELLER and does not have any responsibility regarding performance of
obligations between the Parties.
3.4
The BUYER acknowledges that they have reviewed the essential characteristics of
the goods/services, sales price, payment conditions, delivery terms, and
information regarding the right of withdrawal, confirmed these electronically,
and subsequently placed the order. The preliminary information document and
invoice constitute an integral part of this Agreement.
4. MATTERS PREVIOUSLY DISCLOSED TO THE BUYER
4.1
Before entering into this Agreement and assuming any payment obligation, the
BUYER confirms that they have reviewed all general and specific explanations
regarding the following items via the Platform:
– Seller’s trade name, contact details, and current
identification information
– The order process and tools enabling correction of entry errors
– Professional rules of the Istanbul Chamber of Commerce
– Novaris’ privacy policy, data usage rules, electronic communication
permissions, and rights of the Parties
– Delivery limitations, if any
– Total price of the products including taxes and all costs
– Delivery methods and shipping costs
– Performance-related responsibilities of the Parties
– Goods for which the right of withdrawal cannot be exercised
– Procedures for exercising withdrawal rights
– Situations involving depreciation of goods due to improper use
– Return methods and refund processes
– Conditions of promotional campaigns
– Storage of the Agreement and access to it
– Applicable consumer dispute resolution bodies
5. INVOICE INFORMATION
Name / Surname / Trade Name:
Address:
Telephone:
E-mail / Username:
5.1. Invoice Delivery:
The invoice will be delivered together with the order to the delivery address
at the time of delivery.
6. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
6.1
The essential characteristics of the Good(s)/Product(s)/Service(s) (type,
quantity, brand/model, color, unit count) are listed on the Novaris Platform.
If the SELLER has placed the product under a campaign, the BUYER may review its
features during the campaign period. Campaign conditions apply until the
specified end date.
6.2
The prices listed and advertised on the Website are sales prices. All
advertised prices and commitments remain valid until updated or modified.
Time-limited prices remain valid until the end of the specified period.
6.3
The VAT-inclusive sales price of the Good(s)/Service(s) subject to this
Agreement is shown in the table below:
- Product
Description
- Quantity
- Cash
Price
- Subtotal
(Incl. VAT)
- Shipping
Fee
- Total
Amount
** Purchases made simultaneously from open
marketplace areas and/or other boutiques on www.essay.com.tr are
reflected together in the total discount amount, shipping fee, and installment
difference shown in the table above.
Delivery Address:
Recipient:
Billing Address:
Order Date:
Delivery Date*
Method of Delivery: Delivered to the Buyer or to the Essay.com
Delivery Point
Shipping Company Delivery Time**: Minimum 3 business days
* Subject to exceptions under applicable legislation.
** The specified period is not a delivery guarantee; it reflects the time
required for the SELLER to hand the product to the shipping company.
6.4
The Product price is collected from the BUYER by Novaris on behalf of the
SELLER under the “Buyer Protection” system. Once the BUYER pays Novaris, the
payment is deemed to have been made to the SELLER. BUYER’s statutory rights
related to returns remain reserved.
7. METHOD OF PAYMENT AND DEFAULT
7.1
The BUYER accepts, declares, and undertakes that, since installment sales can
only be made via bank credit cards, they will verify the applicable interest
and default interest terms with their bank, and that interest and default
interest provisions shall be governed by the credit card agreement between the
BUYER and the bank.
7.2
If the BUYER defaults on credit card payments, the BUYER will be liable to pay
interest to the bank and will be solely responsible to the bank. In such cases,
the bank may pursue legal action and demand all related expenses and attorney
fees from the BUYER. The BUYER accepts that the SELLER may seek compensation
for damages arising from late performance.
7.3
Installment options offered by banks and financing institutions are forms of
credit and/or direct installment options provided by the respective
institutions. Such installment transactions are not installment sales from the
perspective of the SELLER; the sale is considered a cash sale. In
installment-based purchases, the SELLER retains all legal rights applicable to
installment sales by law. In cases of default, the BUYER agrees to pay 5%
monthly default interest.
8. DELIVERY OF PRODUCTS
8.1
This Agreement enters into force upon its electronic approval by the BUYER.
Delivery is fulfilled once the purchased Product/Service is delivered to the
BUYER at the address they provided. Products will be delivered packaged and
intact, with an invoice, to the BUYER or to the designated Delivery Point
within a maximum of 30 days unless a justified necessity requires an extension.
If the BUYER selects delivery to a Novaris Delivery Point,
the Product will be delivered to the selected location by the logistics
provider within 30 days. After delivery, the BUYER must retrieve the Product
within 3 days using the SMS code sent to their registered phone number. Failure
to collect the Product within this period will be considered a return, and the
price will be refunded.
8.2
If the Product is delivered to a person/entity other than the BUYER, the SELLER
cannot be held liable if the recipient refuses delivery.
8.3
The BUYER must inspect the Product at the time of delivery. If there is damage
caused by shipping (crushing, breakage, torn packaging, etc.), the BUYER must
refuse the Product and request a damage report from the courier. Otherwise, the
SELLER accepts no liability.
9. GENERAL PROVISIONS
9.1
The BUYER confirms that they have reviewed and approved all preliminary
information regarding Product features, prices, payment terms, delivery
details, and the right of withdrawal before entering this Agreement.
9.2
The BUYER may forward complaints to the SELLER using the contact details above
or through the Platform’s communication tools.
9.3
The BUYER acknowledges that they received all legally required information
regarding the Seller’s address, Product details, taxes, payment and delivery
terms before confirming the Agreement.
9.4
Each Product shall be delivered within 30 days, depending on the BUYER’s
location and information provided on the Platform. If the SELLER fails to
deliver within this legal period, the BUYER may terminate the Agreement.
9.5
The SELLER undertakes to deliver Products in full, free of defects, in
accordance with contractual specifications, and with all required documentation
(warranty certificates, user manuals, etc.).
9.6
Before expiration of delivery obligations, the SELLER may, with BUYER’s
explicit approval, supply a different Product of equal quality and price.
9.7
If delivery becomes impossible, the SELLER will notify the BUYER within 3 days
and refund all payments within 14 days.
9.8
In justified exceptional cases, the SELLER may supply another Product of equal
quality and price upon BUYER’s approval.
9.9
If payment is not completed or is canceled by the bank, the SELLER’s delivery
obligation ends.
9.10
If the BUYER and cardholder differ, or if a security concern arises before
delivery, the SELLER may request identification or bank verification documents.
Until these are provided, the order may be frozen or canceled.
9.11
If the BUYER’s credit card is unlawfully used by third parties after delivery
and the bank refuses payment, the BUYER must return the Product within 3 days
at their own expense.
9.12
The BUYER must inspect the Product before accepting delivery; damaged Products
must not be received.
10. SPECIAL CONDITIONS
10.1
The BUYER may shop from multiple boutiques on the Platform within a single
cart. For Products purchased from different boutiques, the SELLER may issue
multiple invoices. It is hereby clarified that SELLERS may deliver Products
from different boutiques at different times, provided the statutory delivery
periods are respected.
10.2
If the BUYER’s bank offers campaigns such as installment extensions or
installment deferrals, this is solely at the discretion of the bank. If Novaris
is informed, such campaigns may be displayed on the Platform. The BUYER’s
credit card statement will reflect installments as determined by the bank. The
bank may distribute installment values unevenly due to rounding rules.
10.3
For digital product sales, the SELLER must provide Novaris with all evidence
showing that digital codes were delivered correctly and function properly,
including logs and records. Otherwise, Novaris reserves all rights.
11. PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC
MESSAGES, INTELLECTUAL PROPERTY RULES, AND DISCLOSURES
11.1
“Processing of Personal Data” means any operation performed on personal data
such as collection, recording, storage, preservation, alteration,
reorganization, disclosure, transfer, acquisition, classification, or
preventing use.
11.2
“Law No. 6698” refers to the Personal Data Protection Law of Türkiye.
11.3
“Special Categories of Personal Data” include race, ethnic origin, political
opinion, philosophical belief, religion, sect, dress, association or union
membership, health information, sexual life, criminal convictions, biometric
and genetic data. Where applicable, the term “Personal Data” includes such
special categories.
11.4
Any processing of Personal Data shall be performed in accordance with this
Agreement, Law No. 6698, and all applicable data protection laws.
11.5
Personal data belonging to the BUYER, including name, surname, e-mail, national
ID number, demographic data, financial data, etc., are subject to processing
under this Agreement.
11.6
For purposes including receiving orders, providing Products/Services, improving
services, resolving technical issues, carrying out payment transactions,
marketing communications (subject to BUYER consent), updating BUYER
information, managing memberships, performing contractual obligations, or
enabling third parties to perform necessary functions (technical, logistical,
operational), personal data may be recorded, stored, processed, transferred,
shared, or otherwise used indefinitely or for a limited duration by Novaris,
its affiliates, or third-party partners.
11.7
BUYERS agree that Novaris may send commercial electronic messages (SMS, push
notifications, e-mails, phone calls, automated calls, etc.) for promotions,
marketing, product information, payment notifications, and membership
communications, in compliance with applicable laws.
11.8
Novaris implements all necessary security measures to protect data entered on
the Platform. However, the security of data entered from the BUYER’s own
devices is the responsibility of the BUYER (e.g., virus protection, malware
prevention).
11.9
The BUYER may request at any time that their personal data processing and/or
commercial communications be ceased. Upon receiving such notice, Novaris will
stop these processes within the legal timeframe. The BUYER may request
deletion, anonymization, correction, or information access regarding their
personal data in accordance with Law No. 6698.
11.10
All content on the Platform, including design, revision, and use, is the
property of Novaris unless otherwise indicated.
11.11
Links on the Platform that direct to third-party websites are subject to
separate privacy and usage terms; Novaris is not responsible for any disputes
or outcomes arising from such sites.
12. RIGHT OF WITHDRAWAL
12.1
The BUYER may withdraw from the purchase of the Product/Service within 14
days from the delivery date without providing any justification and
without incurring penalties.
12.2
For service contracts, the withdrawal period begins on the date the contract is
signed. The withdrawal right cannot be exercised for services that have begun
with the BUYER’s explicit consent before the withdrawal period ends.
12.3
Withdrawal notices must be made via communication channels specified on the
Platform.
(The link provided in the original Turkish text is omitted as it was left
blank.)
12.4
The Product price will only be refunded if the Product is returned and the
purchase amount is available in Novaris' account at the time of return.
12.5
The withdrawal right must be exercised within the statutory period by notifying
the SELLER or Novaris through proper channels.
12.6
If the withdrawal right is exercised:
(a) The BUYER must return the Product to the SELLER via the
contracted shipping company within 10 days.
(b) The Product must be returned with its box, packaging, standard accessories,
and any promotional/bonus items received.
12.7
If the Product’s value decreases due to the BUYER’s fault or the return becomes
impossible, the BUYER must compensate the SELLER accordingly.
12.8
BUYER will not be held responsible for changes or deterioration caused by
normal use within the withdrawal inspection timeframe.
12.9
If the withdrawal results in the BUYER falling below the threshold of a
campaign, the granted discount or benefit will be canceled and deducted from
the refund.
12.10
The SELLER must refund the BUYER within 14 days from the
notice of withdrawal. The BUYER must return the Product along with the original
invoice and the completed return form.
12.11
If the BUYER uses the contracted cargo company selected by the SELLER, the
return shipping fee is covered by the SELLER. If the BUYER uses another
shipping company, the return shipping cost and any damage incurred during
shipping are the BUYER’s responsibility.
12.12
For installment purchases using a credit card:
(a) The bank will refund the BUYER in installments, matching
the original installment plan.
(b) Even if the SELLER refunds in full to the bank, the bank will reflect
repayments to the BUYER installment-by-installment.
(c) If the BUYER paid several installments before withdrawal, the bank will
refund installment amounts monthly, continuing until all prepaid installments
are returned.
12.13
If the withdrawal right does