This Distance Sales Agreement (“Agreement”) arranges rights and obligations of both Parties regarding sale and deliver of below mentioned goods and/or services (“Good (s)”) ordered by Client (“Consumer”) from Seller (“HEALTH in EVERYWHERE (HER YERDE SAĞLIK)”) including orders made on Seller’s e-commerce web site, www.healthineverywhere.com (hereinafter referred to as “Our Website” or “Health Everywhere (Her Yerde Sağlık) Web Site”) through mobile device, and identifies other issues.
Client and Seller shall be hereinafter collectively referred to as the “Parties”, and individually referred to as the “Party”.
After approving this Agreement, Client shall pay the cost of Good(s) ordered on Health Everywhere (Her Yerde Sağlık) website via the relevant payment method selected during order.
1 - PARTIES
Name & Surname / Title
Seller Title: Her Yerde Sağlık Ve Elektro. Tic. A.Ş.
Mersis No: 00461084617700001
Address: Mustafa Kemal, Dumlupınar Blv. No: 164 D: 306, 06510 Çankaya/Ankara
E-mail : email@example.com
Customer Services: 0850 325 50 50
2-DATE OF AGREEMENT
This Distance Sales Agreement was made when Client electronically approved/accepted the order on www.helathinevery.com and Seller provided Client with preliminary information, which is an integral part of Agreement, including verification of the order, via Client’s e-mail address specified above.
3- SUBJECT OF AGREEMENT, GOOD/SERVICE, PRICE, PAYMENT AND DELIVERY DETAILS
Type, form, color, size (if any), quantity, unit price and cash sale price (incl. taxes) of Good(s) ordered by Client, payment method selected by Client, delivery address and billing address specified by Client and contact details of Client are stated below.
Good / Service Details Quantity Amount
Total Price of Goods
TOTAL AMOUNT (including tax)
4-ISSUES STATED TO CLIENT IN ADVANCE
Client agrees and declares that preliminary information specified on the website and/or this agreement as an integral part and all statements /information that are summarized below are noticed and reviewed before order is made on www.healthineverywhere.com and obligation to pay is undertaken.
4.1. Title, contact details, current introductory information of Seller and professional organizations where Seller has membership.
4.2. Subject of order/agreement, purchasing processes of Good(s), methods and tools to be applied for correcting misinformation.
4.3. Basic features of goods specified on Agreement, all taxes and total price including expenses (if any) (total amount including all taxes and expenses to be paid by the Client to the Seller), payment methods accepted by the Seller, transfer limitations specified by the Seller.
4.4. Rules and limitations regarding delivery of ordered goods to the Client, Considerations that should be taken into account by the Client when receiving cargo, details about delivery and courier fee.
4.5. Other payment, collection and delivery details regarding Product(s) subject to the Agreement/ Order, information regarding implementation of the Agreement and rights and obligations of Parties about specified issues.
4.6. Circumstances allowing Client’s right of withdrawal, terms, duration and method of right of withdrawal, loss of Client’s right of withdrawal in case of delay and goods and circumstances/conditions that do not allow Client’s right of withdrawal (goods and services) .
4.7. Probability of refusal of Client’s demand for withdrawal in case Good(s) that allow Client’s right of withdrawal are deteriorated or damaged due to noncompliance to using instructions and misusing them.
4.8. Rules/conditions regarding returning of the good(s) bought and recollecting the cost of good(s) by the customer within the frame of the right of withdrawal and pursuant to the related laws and the Agreement.
4.9. That the clients who are legal entities and/or natural persons who act on behalf of legal entities cannot exercise the right of withdrawal for the goods they purchase not as Ultimate Consumer but for commercial or occupational purposes.
4.10. Security, privacy, protection/process/use of personal data applied by the Seller, communications between the Client (electronic and other), permissions provided to the Seller by the Client on the subjects explained above, legal rights of the Client and the Seller and methods of exercising rights used by the Client and Seller.
4.11. That this Distance Sales Agreement and Provisional Information which is an integral part of it are seen on the web site before the Client orders from the Seller and undertakes the obligation of payment and the Contract is sent to e-mail address of the Client with confirmation of order after the Agreement is formed following approval of the Client, it can be kept and reached any time by the Client, moreover, the Seller shall keep the above mentioned Agreement and Provisional Information for three years.
4.12. In case of any dispute (except for the exception in Article 4.9 above), the Client can apply to Provincial/District Arbitration Boards and Consumer Courts pursuant to related terms of Consumer Protection Law nr. 6502 regarding his/her consumer complaints.
5- RIGHT OF WITHDRAWAL
The Client has the right of withdrawal without showing any reason or penal clause within fourteen (14) days after the Good(s) he/she buys from the Health Everywhere (Her Yerde Sağlık) web site is delivered to his/her party; to exercise the right of withdrawal, the Client should have not used the Good(s), the Good(s) is not damaged as a result of a usage error, labels and packages should not be harmed.
Moreover, in some Agreements regarding certain goods/services, the Client does not legally have the right of withdrawal even if the Good(s) is not used and/or utilized by the Client. The Good(s) and Agreements regarding this Good(s) for which there is no right of withdrawal are as follows; a) Good(s) prepared upon demands or personal needs of the Consumer b) Among the Good(s) protective elements such as packages, bands, seals of which are opened, the ones that are not appropriate for return regarding health and hygiene c) Services that are rendered instantly on electronic environment or intangible Good(s) that are delivered to the consumer instantly d) Agreements regarding services that started to be rendered upon the approval of the Client before the end of right of withdrawal period. e) Other goods-services that are generally accepted outside of the scope of distance sales pursuant to the related legislation and contracts regarding the Good(s) that the Client purchased not as the ultimate consumer but with commercial and/or occupational purpose.
In cases where right of withdrawal is legally valid, the Client is legally responsible for changes and damages in goods that are not used in accordance with the function, technical features and instructions. If the Client does not act in accordance with abovementioned responsibilities, he/she can lose the right of withdrawal regarding the good(s).
The explicit declaration that the Client exercises the right of withdrawal should be sent to firstname.lastname@example.org e-mail address before the time for right of withdrawal ends (within fourteen days as stated above). If the Client wants to do so, he/she can access the order and make the notification.
The Client is obliged to send the good back to the Seller within ten (10) days after he/she makes the notification regarding using the right of withdrawal.
Right of withdrawal cannot be exercised in cases that are not stipulated by law. The Client loses the right of withdrawal unless he/she exercises it dully and in time.
On condition that the above mentioned requirements are met by the Consumer in a proper and timely manner, price and –if any- delivery costs of the good(s) shall be returned to the Client within 15 days after the notification of withdrawal is received by Health Everywhere (Her Yerde Sağlık) in accordance with the instrument of payment used by the Client.
Prizes like money points or gift voucher etc. –if any- earned by the Client with the order that is returned are cancelled if the Client uses the right of withdrawal or returns any good other than defective goods.
6- RULES REGARDING SAFETY, CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA, COMMUNICATION, INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The following privacy rules (policy) and conditions are pertinent regarding safety, protecting, privacy, process and use of personal data, communications and other subjects on Health Everywhere (Her Yerde Sağlık) website.
6.1. Necessary measures for the safety of information provided and procedures conducted by the consumer on Health Everywhere (Her Yerde Sağlık) website have been taken by Health Everywhere (Her Yerde Sağlık) under system infrastructure at a reasonable manner in line with current quality of information and processing. However, since the mentioned information is provided by the Consumers’ devices, Consumers are responsible for taking necessary precautions, including those against viruses, Trojan horse and similar malware to prevent access of third parties.
6.2. Communication safety on Health Everywhere (Her Yerde Sağlık) website is provided with 256 bit SSL, safe connection is not only used on payment page but throughout the entire website and the website cannot be accessed without a safe connection. On Health Everywhere (Her Yerde Sağlık) website, credit card information provided on the credit card payment interface can only be used to be relayed to the bank of the Consumer and is not stored on database of Health Everywhere (Her Yerde Sağlık) under any circumstances. Moreover, Consumer can perform credit card transactions only with 3D Secure method on Health Everywhere (Her Yerde Sağlık) as an additional security measure. A one-time password is inquired on a page opened by the bank in 3D secure transactions of the Consumer. The password is sent to the Consumer’s cell phone associated with the credit card by the bank of the Consumer. Payment transaction is completed once the one-time password sent to the Consumer’s cell phone is correctly entered into the page opened by the Bank within the designated period.
6.3. Information (data) of Consumers obtained when signing up and/or shopping on Health Everywhere (Her Yerde Sağlık) can be stored by existing and possible future subsidiaries, affiliates, partners, successors and/or third persons/institutions designated by them for providing various goods and services, all manners of notification, commercials and advertising, promotion, sales and marketing, digital and other commercial/social communications for membership procedures, can be stored indefinitely or for a determined period, stored in the archives on magnetic and/or hard copy medium, updated, shared, relayed, transferred, used or otherwise processed when deemed necessary by the above mentioned parties and successors. The mentioned data may be shared with competent authorities and Courts when legally necessary.
6.4. The consumer has approved and consented to use, sharing, processing of personal and non-personal existing and future information (data) within scope of abovementioned context in line with directive on regulating electronic commerce and other related regulations that are in force as well as establishing commercial and non-commercial communications on electronic and/or other medium.
6.5. Consumers have the standing right to communicate with Health Everywhere (Her Yerde Sağlık) by means that are mentioned above and stop use and processing of the data and/or communications. In line with express notice of the Consumers, processing of personal data and/or communication with them is terminated within the legal period. However, storing data that are required to be stored by law and necessary data process and communications as provided within legal premises (including but not limited to the following examples: if the consumer has been delivered goods, if there is an existing order that is processed, if there is an order in return process, communication is imperative due to refund process) shall not be ceased.
6.6. Pursuant to the law on the protection of personal data, consumers’ rights regarding their personal data shared with Health Everywhere (Her Yerde Sağlık) are as follows; learning about whether personal data has been processed, requesting information if personal data has been processed, learning about the purpose of data processing and whether use of data fit the purpose, learning about third parties provided with personal data inside and outside the country, requesting correction of personal data if processed insufficiently or incorrectly, requesting deletion of personal data in case reasons for processing have disappeared, requesting notification to third parties provided with personal data about correction and deletion, objecting to any undesired result of processed data identified by automatic systems and demanding compensation of loss caused by illegal processing of personal data.
6.7. In case Consumer, as data owner, wants to use one of the above specified rights, he/she needs to fill out “Data Owner Application Form” attached to Confidentiality Policy published on Health Everywhere (Her Yerde Sağlık) website and send a copy of the form with wet signature to Her Yerde Sağlık Ve Elektro Tic A.Ş ("Mustafa Kemal, Dumlupınar Blv No:164 D:306, 06510 Çankaya/Ankara ) personally. Requests from data owners shall be evaluated in accordance with Article 13 of the law on the protection of personal data and result shall be reported within maximum 30 days. Data owners can be informed about favorable or unfavorable replies in written or electronic format. Results of data owners’ requests shall be reported free of charge, but if result notification brings extra cost, a previously determined amount can be charged within the scope of the relevant regulation.
6.8. Consumers can review Confidentiality and Personal Data Protection Policy under the section of Principles of Confidentiality on Health Everywhere (Her Yerde Sağlık) website at any time. The above specified statement is not only related to Consumers but also to third parties sharing personal/non-personal data for various reasons defined in the statement.
6.9. Health Everywhere (Her Yerde Sağlık) keeps all intellectual property rights regarding any kind of information and content on the website and regulation, revision and partial and/or complete use of them; they cannot be used even partially without permission. Health Everywhere (Her Yerde Sağlık) has the right to make all necessary amendments on the above specified subjects. Amendments shall be valid when they are published on Health Everywhere (Her Yerde Sağlık) website or announced through other methods.
7- GENERAL PROVISIONS
7.1. Seller does not sell goods outside of Turkey. Good(s) ordered by consumer are delivered by contacted Yurtiçi Kargo firm. Delivery of products to consumer’s address can be made by only Yurtiçi Kargo. In case courier company has no branch office in the location of the Consumer, the Consumer needs to take Good(s) from another branch office to be specified by the Seller.
7.2. Ordered Good(s) shall be packaged and delivered to Consumer or third party/institution specified by Consumer in undamaged state within 30 days. Courier cost (courier fee) to be paid by the Consumer (if any) has been clearly specified in above specified order details.
7.3. Good(s) in stock are transferred to the courier company to be delivered to the person and address stated by the Consumer while ordering in ten (10) days at the latest starting from the date of order. The courier firm delivers the goods that are received from the Seller to the Consumers within 1 (one) to 4 (four) workdays on average under normal circumstances, depending on distance.
7.4. If the Consumer is not at the address while good(s) are delivered and the people at the address do not accept delivery, it shall be accepted that the Seller has fulfilled the liability of delivery to the address. If there is no one to receive the goods at the address, the Consumer is responsible to contact the courier firm, follow and supply the dispatching of goods. If the good(s) are to be delivered to another person/institution than the Consumer and if this person/institution cannot be found at the stated address or does not accept the delivery, the Seller shall not be held responsible. In these cases, all kinds of damages arising out of receiving the good(s) late by the Consumer and costs caused by the fact that the good(s) are kept in courier firm and/or returning of the package to the Seller shall be covered by the Consumer.
7.5. The individual that shall receive the good(s) is responsible for checking the goods immediately after they are delivered, not accepting the goods if there is a problem caused by shipment and ask the authorized person of courier firm to take a minute. Otherwise, the Seller shall not accept responsibility.
7.6. The good(s) are delivered to the Consumer within 30 days, which is the maximum legal delivery time. If the goods cannot be delivered within the maximum legal delivery time of 30 days due to exceptional circumstances outside the normal sales and delivery conditions (adverse weather conditions, earthquake, flood, fire etc.), the Seller informs the Consumer using the available contact information. In this case, the Consumer can cancel the order, order a similar good or wait until the end of exceptional circumstances.7.7. If it is understood that the Seller cannot supply the contract product, the Seller can supply another one with equal quality and price on condition that the Consumer is clearly informed using available contact details and verbal or written approval is obtained within three (3) days after the condition is learnt and therefore, it is accepted that the Seller has fulfilled the liability arising out of the Agreement. Giving the mentioned approval is of the Consumer’s own free will with all aspects. If the Consumer does not give approval, the Seller returns all collected payments including delivery costs within fourteen (14) days at the latest after the date of notification. Prizes such as money points or gift voucher etc. that the Consumer has earned from the undelivered orders or orders whose cost is returned –if any- are cancelled.
7.8. Orders with Credit Card are accepted in Health Everywhere (Her Yerde Sağlık) website.
7.9. When the Consumer approves the Agreement, the cost of the ordered Good(s) mentioned above and additional costs –if any- are collected via the payment method selected by the Consumer. The sale price including the costs should be completely paid before the Consumer receives the good(s). If the costs of good(s) are not completely paid to the Seller before delivery, the Seller is entitled to cancel the Agreement unilaterally and not to deliver the good(s).
7.10. If the Bank/finance company of the credit card used for the procedure does not pay the price of the good to the Seller or claims the paid amount back following the delivery of the good for any reason whatsoever, the Good shall be returned to the Seller by the Consumer within 3 days at the latest. If the cost of the good is not paid because of any unjustified order to the Bank, objection or any fault or negligence by the Consumer, costs of shipment shall be covered by the Consumer. All other contractual rights of the Seller including but not limited to reject the return, to start legal proceeding regarding the receivables due to cost of goods are reserved.
7.11. All facilities issued by banks and Finance Institutions such as credit card, debit card, installment card or similar means of payment are credit and/or installment based payment systems directly provided by institutions that supply the means for direct payment (credit card, etc.) Product sales which are performed by the Consumer utilizing above mentioned payment methods and cost of which the Seller collects at once or in installments shall be considered spot sales by parties of this agreement, and not credit or installment based sales. Consumer accepts, declares and guarantees that they will additionally confirm the interest rate enforced by related institutions as well as default interest rate from the bank, provisions related to interest and default interest rates will be carried out within scope of the credit card agreement between the Bank and Consumer, the Seller will not be involved with the subject by any means.
7.12. Legal rights of the Seller in cases of sales conducted with installment based transactions, including the right to cancel the agreement and/or to demand entire debt to be paid with default interest in the case that installments are not collected, are present and reserved in line with related regulation. In the case of default of the Consumer, monthly default interest is enforced as proposed by law.
7.13. In case of returning the Order/Good(s) that are subject to the Agreement in line with law and the Agreement or in cases of cancelling orders, if the cost is collected, the cost of the Good(s) will be returned to the Consumer within maximum of 15 days according to the means of payment. If payment is made with credit card, amount of refund will be reported to the bank of the Consumer to be returned to the utilized credit card. If installment based payment is made with the credit card, the bank can reflect the refund to the Consumer’s credit card receipt and the Seller will have no disposition throughout the process.
8 – CLIENT’S MEANS OF LEGAL APPEALS AND JUDICIAL AUTHORITIES
Regarding disputes originating from this Agreement, Provincial and District Consumer Arbitration Committees are authorized for the amounts within the monetary limits that are annually determined/declared by Ministry of Customs and Trade and Consumer Courts are authorized for values exceeding the limit. Within this scope, the Consumer can appeal to Arbitrary Committees and Consumer Courts near their residence or the residence of the Seller.
Consumer accepts and declares that he/she has read all written (on www.healthineverywhere.com website) explanations and provisions of this Distance Sales Agreement and provisional information of order-agreement, which is inseparable from this agreement, that they are aware of all subjected summarized under Article 4 of this agreement, including basic qualities of Product(s) set out for sale, unit prices, total spot sale prices including all taxes, payment method, delivery conditions, all other provisional information related to the Seller and Good(s) put up for sale, that they saw the entire content on digital medium on www.healthineverywhere.com.com website and also, approved/accepted/consented to all above mentioned information on digital medium as well as the order of Good(s) subject to this agreement is completed and provisions of this Agreement.
This Distance Sales Agreement comes into force as soon as Consumers approve on Health Everywhere (Her Yerde Sağlık) website and enforced with binding capacity between Health Everywhere (Her Yerde Sağlık) (Seller) and Consumers (Clients) as soon as approved by Consumers along with the inseparable Provisional Information section.
This Distance Sale Agreement and related provisional information are sent to the electronic mail address provided to the Seller by Consumer along with order confirmation. As the Consumer can always access the information by saving the e-mail on their device or saving the agreement and provisional information on hard disc of their devices, the Seller will store the distance sales agreement and provisional information for maximum of three years due to legal obligations.