DISTANCE SALES AGREEMENT
DISTANCE SALES AGREEMENT
- PARTIES :
a. SALES PERSON: Fitobiota Health Laboratory Biotechnology Food Cosmetics Industry and Trade Inc.
(This will be referred to as PHYTOBIOTA in this agreement.)
ADDRESS Ahmet Yesevi Neighborhood, Kerem Street, Block A, No: 9, Inner Door No: 404
Pendik, Istanbul, Turkey 34903
TELEPHONE :
E-MAIL : mail@fitobiyotata.com
WEB ADDRESS: www.fitobiyotata.com
b. CONSUMER:…………………………………………………………….
(Hereinafter referred to as the CUSTOMER in this agreement.)
ADDRESS : ………………………………………………
TELEPHONE :………………………………………………
FAX :………………………………………………
E-MAIL :………………………………………………
WEB ADDRESS :………………………………………………
By accepting this agreement, the Consumer acknowledges that, if they confirm the order subject to this agreement, they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed of this beforehand. This agreement is valid for "consumers". The parties agree that for natural and legal persons who are not consumers, the provisions of the Turkish Commercial Code and the Turkish Code of Obligations shall apply primarily as contractual and legal obligations/provisions; in matters where there are no provisions/applications in Commercial Law, the provisions of this agreement shall apply.
- SUBJECT OF THE AGREEMENT
Between FITOBİYOTA and the CUSTOMER: Thiscontract concerns the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law and the Distance Contracts Regulation, regarding purchases made electronically through FITOBİYOTA's website www.fitobiyota.com without face-to-face interaction between the CUSTOMER and the delivery or performance of the goods to the CUSTOMER .
- SUBJECT OF THE AGREEMENT: GOODS/SERVICES
The type and nature of the goods/services, quantity, brand, model, color, number of units, sales price, and payment method are as stated in the product information page on the website www.fitobiyota.com, in the invoice which is considered an integral part of this agreement, and below, and these promises are valid until 31/12/2023.
Type of Goods/Product/Service Food Supplement
Brand/Model/Color : Oti-Vac
Quantity :
Payment Method and Plan :
Cash Sale Price Including All Taxes :
Down Payment Amount :
Total Sales Price to be Paid Including Interest According to Maturity Period :
Interest amount :
The annual rate at which interest is calculated :
Late payment interest rate not exceeding 30% above the interest rate stated in the contract.
Shipping Fee :
Delivery Address :
Person to be Delivered To :
Billing Address :
4. PAYMENT
a. The CUSTOMER; pays the advertised prices for the goods/services ordered from the website www.fitobiyota.com as of the order date to FITOBİYOTA's account number TR060020500009732591600001 Payment will be made in full via bank transfer, EFT, or credit card to the account with the provided IBAN number.
b. Whether the CUSTOMER makes a purchase in cash, by credit card, or in installments, the installment plan selected on the website is valid. In installment transactions, the relevant provisions of the agreement signed between the CUSTOMER and the cardholder's bank apply. The credit card payment date is determined by the terms of the agreement between the bank and the CUSTOMER. The CUSTOMER can also track the number of installments and payments from the account statement sent by the bank.
c. If the customer chooses to pay for their order via bank transfer or EFT, and payment is not received within one week, FITOBİYOTA reserves the right to cancel the order.
d. This contract is binding on both parties. If the date of performance of the obligation has been determined by the parties or if either party has formally notified the other party based on a reserved right, the CUSTOMER shall be in default upon the expiration of that date. In the event of default by the CUSTOMER/debtor, FITOBİYOTA has the following optional rights granted under the Turkish Code of Obligations: If the CUSTOMER defaults, FITOBİYOTA shall set a reasonable deadline for performance and notify the defaulting CUSTOMER. If the obligation is not fulfilled within this deadline, FITOBİYOTA may exercise one of the following optional rights: FITOBİYOTA may demand specific performance plus compensation for delay, or waive this demand and demand damages arising from the non-performance of the obligation, or immediately terminate the contract and claim the resulting negative damages through legal action. If the contract stipulates that the performance must be done within a specific period or timeframe, there is no need to specify a grace period.
5. WARRANTY CONDITIONS
Products offered for sale on the website www.fitobiyota.com are covered by the warranty of the companies and authorized service centers specified in the warranty certificate. For products sold on www.fitobiyota.com that require a warranty certificate, customers are provided with the warranty certificate. Unless otherwise stated, products sold with a warranty certificate have a 2-year warranty. Purchasing products from the website www.fitobiyota.com signifies acceptance of the terms and conditions stated above.
6. DELIVERY
a. If a CUSTOMER orders a good or service offered for sale by FİTOBİYOTA, and the CUSTOMER deposits the advertised price of the said good/service into FİTOBİYOTA's escrow account as of the order date, FİTOBİYOTA is obligated to deliver the purchased product(s) to the CUSTOMER.
b. For the delivery of the goods or services offered for sale by FITOBİYOTA to the CUSTOMER or the person designated by them, it is a condition that this contract and pre-information document have been electronically confirmed and that the payment has been made using the payment method preferred by the CUSTOMER . Delivery to the address will be considered as delivery to the CUSTOMER.
c. Delivery will be made as soon as possible after the stock is available and the payment for the goods or services has been transferred to the www.fitobiyota.com escrow account.The goods/services subject to this contract will be sent to the CUSTOMER or to the person or entity at the address indicated, within the timeframes specified, depending on the distance of the CUSTOMER's place of residence for each product, provided that this period does not exceed the legal thirty-day period and an additional ten-day period as required by the circumstances.
d. If theCUSTOMER fails to pay for the goods/services for any reason, or if the payment is cancelled in the bank records, FITOBİYOTA shall be deemed to be relieved of its obligation to deliver the goods/services.
to. If the goods/services subject to this contractare to be delivered to a person/entity other than the CUSTOMER, FITOBİYOTA cannot be held responsible if the recipient refuses delivery .
f. FITOBİYOTA shall not be held liable for any problems encountered by the distribution company/firm during the delivery phase of the goods/services subject to this contract, resulting in the non-delivery of the ordered goods/services to the CUSTOMER .
7. DELIVERY COSTS
The CUSTOMER placed an order from the website with the domain name www.fitobiyota.com. Delivery and return costs for goods and services are the responsibility of the CUSTOMER.For sales made with the cash-on-delivery option, shipping and collection fees are collected from the CUSTOMER at the time of ordering. For sales made via bank transfer, credit card, or EFT, the CUSTOMER agrees to pay the shipping fee to the carrier company in cash upon delivery of the product. Shipping costs will be based on the carrier company's list prices and vary depending on the volumetric weight of each product. FITOBİYOTA reserves the right to run campaigns regarding shipping costs at any time.
8. CUSTOMER'S RIGHT OF WITHDRAWAL :
a. The BUYER may exercise their right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the goods to themselves or to the person/entity at the address indicated, provided that they notify the SELLER, without incurring any legal or criminal liability and without giving any reason. Hygiene products, food supplements, and medical products are excluded from this scope. In distance contracts relating to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.
b. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing by registered mail, fax, or email within 14 (fourteen) days, and the product must be unused, in accordance with the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions set forth in this agreement. If this right is exercised,
a-) The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b-) Return form,
c) The products to be returned must be delivered complete and undamaged, including the box, packaging, standard accessories (if any), and any products provided with the product.
d) The SELLER is obligated to return the total amount and any documents obligating the BUYER to debt within a maximum of 10 days from the date of receipt of the cancellation notice, and to retrieve the goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.
c. The following items cannot be returned according to the Regulation: makeup products, disposable products, underwear bottoms, swimwear and bikini bottoms, goods that are perishable or likely to expire, food supplements, hygiene products, and medical supplies; products that are unsuitable for return for health and hygiene reasons once opened by the BUYER after delivery; products that are mixed with other products after delivery and cannot be separated by their nature; goods relating to periodicals such as newspapers and magazines, except those provided under a subscription contract; services performed instantly in electronic form or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER. Furthermore, the right of withdrawal cannot be exercised for services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period, according to the Regulation.
d. Cosmetics and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies (toner, cartridges, ribbons, etc.) must be returned in their original unopened, untried, undamaged, and unused condition.
9. CUSTOMER RIGHTS AND OBLIGATIONS
a. The CUSTOMER acknowledges and declares that they are aware of the essential characteristics of the goods/services subject to sale, the sales price, the payment method, the delivery conditions, etc., all preliminary information regarding the goods/services subject to sale, and their right of withdrawal, that they have confirmed this preliminary information electronically, and that they subsequently placed an order for the goods, in accordance with the terms of this agreement.
b. The CUSTOMER hereby acknowledges and agrees that they are required to present a valid identification card upon request during delivery, allow their identification information to be recorded, and sign in the designated areas; failure to sign may result in the product not being delivered to them.
c. The CUSTOMER shall inspect the goods/services subject to this contract before taking delivery and shall not accept any damaged or defective goods/services from the shipping company, such as those that are dented, broken, or have torn packaging. The CUSTOMER hereby accepts and undertakes that the goods/services received are undamaged and in good condition.
d. The obligation to carefully protect the goods/services after delivery rests with the CUSTOMER.
to. If , after the delivery of the goods/services, the bank or financial institution fails to pay FİTOBİYOTA the price of the goods/services due to the unauthorized or unlawful use of the CUSTOMER's credit card by unauthorized persons, not resulting from the CUSTOMER'sfault, the CUSTOMER is obligated to return the goods/services to FİTOBİYOTA within 3 (three) days, provided that they have been delivered to the CUSTOMER, with the delivery costs borne by the CUSTOMER .
f. If the CUSTOMER defaults on transactions made with their credit card, they will be liable to pay interest and be responsible to the card-issuing bank in accordance with the credit card agreement they have with the bank. In this case, the relevant bank may resort to legal action; it may demand the resulting costs and attorney fees from the CUSTOMER, and in any case, if the CUSTOMER defaults on their debt, the CUSTOMER agrees to pay FİTOBİYOTA for any loss and damage incurred due to the delayed performance of the debt.
g. Persons under the age of eighteen should not visitwww.fitobiyotata.com You cannot shop from this address. To shop via www.fitobiyota.com, you must be at least eighteen years old. Confirmation of this agreement means that the CUSTOMER confirms that they are over eighteen years of age.
h. All communication charges are the responsibility of the CUSTOMER. The CUSTOMER hereby accepts and undertakes this matter.
10. FITOBİYOTA'S RIGHTS AND OBLIGATIONS
a. FITOBİYOTA is responsible for delivering the goods/services subject to this contract in sound and complete condition, conforming to the specifications stated in the order, and including any warranty documents and user manuals, if applicable.
b. FITOBİYOTA undertakes not to use the CUSTOMER's personal and credit card information in a manner contrary to the laws and regulations of the Republic of Turkey, general moral and social rules, and not to share it with third parties except for legal transactions.
c. Except with the CUSTOMER's consent, no other member or user besides FİTOBİYOTA can access or modify the CUSTOMER's membership information and personal data. However, this information may be used within the www.fitobiyota.com website itself to determine CUSTOMER profiles and conduct statistical studies.
d. FITOBİYOTA undertakes not to share the traces/information (cookies) that CUSTOMERS leave in the virtual environment during their purchases on the www.fitobiyota.com website with third parties.
to. FITOBİYOTA is not responsible for prices and content resulting from typographical and system errors on www.fitobiyota.com and reserves the right to cancel orders related to such errors.
f. PHYTOBIOTA www.fitobiyota.com reserves the right to change any content published on the site (prices, visuals, and all other information) without prior notice.
11. DURATION OF VALIDITY OF PROMISES :
The prices listed and advertised on the site are the selling prices. Advertised prices and all other promises are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.
12. CONTRACT DATE :
The date the order was placed will be considered the sales date.
13. PROOF OF CORRESPONDENCE BETWEEN THE PARTIES :
The member acknowledges, declares, and undertakes that in any disputes arising from this agreement,the accounting records and computer records of FITOBİYOTA shall constitute valid, binding, conclusive, and exclusive evidence, and that this clause constitutes an evidentiary agreement. The member hereby waives in advance any right to object to the aforementioned FITOBİYOTA records and any right to offer an oath regarding their proper maintenance.
14. APPLICABLE PROVISIONS :
a. The provisions of this agreement, which the parties have entered into with their mutual consent, shall take first priority in their relationship. In cases not covered by this agreement, the relevant provisions of the legislation shall apply second.
b. The annexes to this agreement, price lists, and future order protocols are integral parts of this agreement.
c. If any provision of this agreement conflicts with applicable laws and regulations, or is annulled by any judicial or administrative authority, the agreement shall remain in full force and effect, but the conflicting or annulled provision shall be deemed removed from the agreement.In this case, the parties may negotiate and revise the provision within the framework of the existing agreement.
15. FORCE MAJEURE :
Provided that it is documented with a certificate from the relevant authorities, FITOBİYOTA shall not be liable for any delay, incomplete or non-compliance with any of its obligations in cases of actual war, invasion, rebellion, strikes, lockouts, fire, natural disaster, communication problems, infrastructure and internet failures, power outages, bad weather conditions and other force majeure events, or the consequences arising therefrom , which prevent, prohibit or delay the execution of the work. In such cases, FITOBİYOTA shall not be deemed to be in default, no compensation shall be claimed from FITOBİYOTA under any name, and delivery times shall be extended without penalty for the duration of the existence and effect of these force majeure events.
If FITOBİYOTA is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, it is obligated to inform the CUSTOMER. In this case, the CUSTOMER may choose to cancel the order, have the product replaced with an equivalent if available, or have the delivery time postponed until the hindering situation is resolved. If the CUSTOMER cancels the order, the amount paid will be refunded within _____ days.
16. DISSOLUTION :
FITOBİYOTA may terminate this agreement at any time.
17. COMPETENT COURT :
In case of disputes arising from this contract, the Consumer Arbitration Boards within the District Governor's Office in the buyer's or seller's place of residence shall have jurisdiction up to the value announced annually by the Ministry of Industry and Trade in December, and the Istanbul Consumer Courts shall have jurisdiction for disputes exceeding that value. For natural and legal persons within the scope of the last sentence of the first article, the Istanbul Central Courts shall have jurisdiction.
18. REQUESTS AND COMPLAINTS :
Please let us know if you have any questions or complaints about FITOBIOTA.
mail@ You can report it to www.fitobiyotata.com .
