1. PARTIES

This Agreement is signed between the following parties under the terms and conditions stated below.

‘BUYER’; (Hereinafter referred to as "BUYER" in the Agreement)

Name - Surname:
Address:

‘SELLER’; (Hereinafter referred to as "SELLER" in the Agreement)

Name - Surname: Sumsa Medical Products Manufacturing & Export Ltd. Co.
Address: Yıldırım Beyazıt Mah. Aşık Veysel Bul. 63 H Melikgazi, Kayseri, Türkiye

By accepting this Agreement, the BUYER acknowledges in advance that if they confirm the order subject to the agreement, they will be under the obligation to pay the order price and any additional charges such as shipping fee and tax, and that they have been informed in this regard.

2. DEFINITIONS

In the implementation and interpretation of this Agreement, the following terms shall have the meanings ascribed to them below:

MINISTER: Refers to the Minister of Customs and Trade,
MINISTRY: Refers to the Ministry of Customs and Trade,
LAW: Refers to the Consumer Protection Law No. 6502,
REGULATION: Refers to the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: Refers to any consumer transaction other than the provision of goods, carried out or promised to be carried out in return for a fee or benefit,
SELLER: Refers to the company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf or account of the one offering the goods,
BUYER: Refers to the natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: Refers to the website belonging to the SELLER,
ORDER PLACER: Refers to the natural or legal person who requests a product or service through the SELLER’s website,
PARTIES: Refers to the SELLER and the BUYER,
AGREEMENT: Refers to this agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to shopping and intangible goods prepared for use in electronic media such as software, audio, video, etc.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product specified below, whose type and sales price are also specified, ordered electronically by the BUYER via the SELLER’s website.

The listed and announced prices on the site are the sales prices. The announced prices and promises are valid until updated or changed. Temporarily announced prices are valid until the end of the specified period.

4. SELLER INFORMATION

Title:
Address:
Phone:
Fax:
E-mail:

5. BUYER INFORMATION

Recipient:
Delivery Address:
Phone:
Fax:
E-mail / Username:

6. ORDER PLACER INFORMATION

Name / Surname / Title:
Address:
Phone:
Fax:
E-mail / Username:

7. PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT

7.1. The basic characteristics (type, quantity, brand/model, color, number) of the goods/products/services are published on the SELLER’s website. If a campaign is organized by the SELLER, you can examine the main features of the relevant product during the campaign period. The campaign is valid until the specified date.

7.2. The listed and announced prices on the site are the sales prices. The announced prices and promises are valid until updated or changed. Temporarily announced prices are valid until the end of the specified period.

7.3. The total sales price of the goods or services, including all taxes, is shown below.

Product Description

Quantity
Unit Price
Subtotal (VAT Included)
Shipping Cost
Total:

Payment Method and Plan

Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method

7.4. The shipping fee, which is the product shipment cost, will be paid as specified.

8. BILLING INFORMATION

Name/Surname/Title
Address
Phone
Fax
E-mail/Username
Invoice Delivery: The invoice will be delivered to the billing address along with the order at the time of delivery.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that they have read and been informed of the basic characteristics of the product subject to the contract, the sales price and payment method, and the preliminary information on delivery on the SELLER’s website, and have given the necessary confirmation electronically. The BUYER also accepts, declares, and undertakes that they have obtained the correct and complete information on the SELLER’s address, the basic characteristics of the products ordered, the price of the products including taxes, and payment and delivery details before the distance sales contract was established.

9.2. Each product subject to the agreement shall be delivered to the BUYER or the person/institution at the address specified by the BUYER within the period stated in the preliminary information on the website, depending on the BUYER's location, provided that it does not exceed the legal 30-day period. In the event that the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the agreement.

9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the agreement completely, in accordance with the specifications stated in the order, with warranty documents, user manuals, and other required information and documents, free from all defects, in compliance with legal regulations, in accordance with standards, and with the principles of honesty and integrity. The SELLER also commits to maintain and improve the quality of service, show the necessary attention and care during the performance of the work, and act with caution and foresight.

9.4. Before the expiration of its performance obligation arising from the agreement, the SELLER may supply a different product of equal quality and price with the explicit consent of the BUYER.

9.5. If the SELLER is unable to fulfill the product or service subject to the order due to impossibility, they agree, declare, and undertake to notify the consumer in writing within 3 days from the date of learning of this situation and return the total amount to the BUYER within 14 days.

9.6. If the product subject to the agreement is not paid for any reason and/or is canceled in bank records, the SELLER's obligation to deliver the product shall cease.

9.7. If the product is delivered to the BUYER or the person/institution at the address indicated by the BUYER, and the product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER’s credit card by an unauthorized person, the BUYER agrees to return the product to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.

9.8. In case of force majeure or extraordinary circumstances that prevent or delay the fulfillment of the SELLER's obligations, such as natural disasters, adverse weather conditions, interruptions in transportation, or similar events, the SELLER agrees to inform the BUYER. In such cases, the BUYER may request the cancellation of the order, replacement of the product with an equivalent one, or postponement of delivery until the obstructive condition disappears. In the event of order cancellation by the BUYER, if the payment was made in cash, the amount shall be refunded to the BUYER within 14 days. For payments made by credit card, the refund will be made to the relevant bank within 14 days after the order cancellation. The BUYER acknowledges that the average process for the bank to reflect the refund to their account may take 2 to 3 weeks, and that the SELLER cannot be held responsible for any delays in this process.

9.9. The SELLER has the right to contact the BUYER via mail, e-mail, SMS, phone calls, and other methods using the address, e-mail address, landline and mobile phone numbers, and other contact information provided by the BUYER during registration or updated later. By accepting this agreement, the BUYER consents to such communication activities.

9.10. The BUYER shall inspect the goods/services before accepting delivery; they shall not accept damaged, broken, torn packaging, or defective goods/services from the courier. Goods/services accepted shall be deemed to be undamaged and in good condition. It is the responsibility of the BUYER to carefully protect the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must also be returned.

9.11. If the cardholder and the person placing the order are not the same, or if a security issue is identified regarding the credit card used in the order before product delivery, the SELLER may request the BUYER to provide ID and contact information, the previous month’s credit card statement, or a confirmation from the bank confirming that the card belongs to the BUYER. Until the requested information/documents are provided, the order will be put on hold. If the BUYER fails to fulfill the request within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares that the personal and other information provided when registering on the SELLER’s website is truthful and that they will immediately, in cash and in full, compensate any damages incurred by the SELLER due to the falsity of this information upon the first request by the SELLER.

9.13. The BUYER agrees and undertakes to comply with the provisions of legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities shall exclusively and solely bind the BUYER.

9.14. The BUYER shall not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, or infringes upon the material and moral rights of others. Additionally, the member shall not engage in activities that prevent or make it difficult for others to use the services (such as spam, viruses, Trojan horses, etc.).

9.15. Links may be provided via the SELLER’s website to other websites and/or content that are not under the control of the SELLER and/or are owned or operated by third parties. These links are provided for the convenience of the BUYER and do not constitute any endorsement or guarantee of the website or the person operating it.

9.16. The member who violates one or more articles of this agreement shall be personally liable for both criminal and civil consequences of such violations and shall hold the SELLER harmless from any legal or criminal consequences. The SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. In contracts for the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to them or to the person/institution at the address indicated, without assuming any legal or criminal liability and without providing any justification, by notifying the SELLER. For distance contracts related 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 end of the withdrawal period. The costs arising from the use of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER via registered mail with return receipt, fax, or email within the 14 (fourteen) day period, and the product must not be used in accordance with the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” set out in this agreement. If this right is exercised:

a) The invoice of the product delivered to the third party or to the BUYER must be returned. (If the invoice of the product to be returned is corporate, it must be returned along with the return invoice issued by the institution. Order returns with corporate invoices cannot be completed unless a RETURN INVOICE is issued.)

b) The return form must be completed.

c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.

d) The SELLER is obliged to refund the total amount and return the documents obligating the BUYER within a maximum of 10 days from the date the withdrawal notice reaches them, and to accept the return of the goods within 20 days.

e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations caused by the proper use of the product within the withdrawal period.

f) If, due to the exercise of the right of withdrawal, the total amount of a campaign falls below the campaign limit, the discount amount used within the scope of the campaign will be canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised for products that are prepared in line with the BUYER’s wishes or clearly personal needs and are not suitable for return; underwear bottoms, swimsuits and bikini bottoms, makeup materials, single-use products, products prone to deterioration or likely to expire quickly; products that are not suitable for return for health and hygiene reasons once the packaging is opened after delivery; products that are mixed with other products after delivery and cannot be separated by their nature; periodicals such as newspapers and magazines, except those provided under a subscription agreement; services performed instantly in an electronic environment or intangible goods delivered to the consumer instantly, as well as sound or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables whose packaging has been opened by the BUYER. Also, the right of withdrawal cannot be exercised for services whose execution has begun with the consumer’s consent before the end of the withdrawal period.

Cosmetic and personal care products, underwear, swimsuits, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, unused, untested, and undamaged in order to be returned.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER is in default when paying by credit card, they agree, declare, and undertake to pay interest within the framework of the credit card agreement with their cardholder bank and be responsible to the bank. In this case, the relevant bank may apply legal channels and may demand costs and attorney’s fees from the BUYER. In any case, if the BUYER defaults on the payment obligation, the BUYER agrees, declares, and undertakes to compensate the SELLER’s losses and damages incurred due to the delayed fulfillment of the debt.

13. AUTHORIZED COURT

In disputes arising from this agreement, complaints and objections shall be submitted to the Consumer Arbitration Committee or the Consumer Court where the consumer resides or where the consumer transaction is conducted, within the monetary limits specified in the following law:

As of 28/05/2014:

a) For disputes valued below 2,000.00 TL, district consumer arbitration committees,

b) For disputes valued below 3,000.00 TL, provincial consumer arbitration committees,

c) In provinces with metropolitan status, for disputes valued between 2,000.00 TL and 3,000.00 TL, provincial consumer arbitration committees are authorized.

This agreement is made for commercial purposes.

14. ENFORCEMENT

Once the BUYER completes the payment for the order placed on the website, they are deemed to have accepted all terms of this agreement. The SELLER is obliged to ensure that this agreement is approved electronically by the BUYER before the order is realized.

SELLER: Sumsa Medical Products Manufacturing & Export Ltd. Co.
BUYER:
DATE: