Distance Selling Agreement
PLEASE, in accordance with the relevant law, please read the following contract text by printing it in 12-point and bold font. In addition; every buyer who makes a purchase from our website is deemed to have read and accepted all the articles of our sales contract below, which has been prepared by us, without the need for any further notice.
ARTICLE 1 - PARTIES TO THE CONTRACT
SELLER: Evly Pharma Kozmetik San. ve Tic. A.Ş.
Address: Şerifali Mah. Söyleşi Street No:41/A Ümraniye / Istanbul – Türkiye
Tel.: 0850 241 83 90
Email: hello@thepurestsolutions.com
Web: https://thepurestsolutions.com/
BUYER: Customer (Buyer is the person who makes a purchase from the Seller's internet address https://thepurestsolutions.com/ website. The address and contact information provided by the buyer are taken as basis in the invoice and contact information.)
By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and additional fees such as shipping fee, tax, if any, if any, and that he/she has been informed about this.
ARTICLE 2 - SUBJECT OF THE CONTRACT:
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of goods/services that the Buyer ordered electronically from the Seller's www.thepurestsolutions.com website, that have the qualities mentioned in the contract and whose sales price is also specified in the contract.
The Buyer accepts and declares that he/she is informed about the basic characteristics of the goods/services subject to sale, the sales price, payment method, delivery conditions, etc., all preliminary information about the goods/services subject to sale, and the right of "withdrawal", that he/she has confirmed this preliminary information electronically and then ordered the goods/services, in accordance with the provisions of this contract. Likewise, since the return of products whose protective elements such as packaging, tape, package have been opened after delivery is not suitable in terms of health and hygiene, the right of withdrawal cannot be exercised in any way. Opening the product packaging is within the scope of the exception to the right of withdrawal.
The prices listed and announced on the site are the sales price. The advertised prices are valid until updated or changed. If there is a product advertised for a limited time, the advertised price will be valid until the end of the specified period.
The Buyer accepts and undertakes that the data he/she enters into the system, either when becoming a member of the site or during shopping, belongs to him/her or he/she has permission to use and share it; that he/she will not enter any data that he/she does not have the right to use into the system, otherwise all responsibility belongs to him/her. The preliminary information and invoice on the www.thepurestsolutions.com payment page are integral parts of this contract. The Buyer is deemed to have accepted all the terms of this contract when the order is placed. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
ARTICLE 3 - DATE OF THE CONTRACT, DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE OF THE CONTRACT AND METHOD OF DELIVERY:
This contract is made on the date the order is placed by the Buyer. The goods/services will be delivered to the Customer at the address requested by the Buyer. Packages that are thought to be damaged during shipment must be opened and checked in front of the authorized person of the company from which they were received. If there is any damage to the product, a report must be drawn up by the cargo company and the product must not be accepted. If no report is drawn up, the BUYER is deemed to have accepted that the cargo company has fully fulfilled its duty after the product is received.
ARTICLE 4. GENERAL PROVISIONS
4.1. The BUYER accepts that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the products shown on the WEBSITE and that he/she has given the necessary confirmation for the sale in electronic environment.
4.2. The PRODUCT shall be delivered to the delivery address specified by the BUYER on the WEBSITE, packaged and intact, together with its invoice, within 30 days at the latest.
4.3. If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the PRODUCT is to be delivered does not accept the delivery.
4.4. The BUYER is responsible for checking the PRODUCT upon receipt and, if he/she sees a problem with the PRODUCT caused by the cargo, not accepting the PRODUCT and having a report drawn up by the CARGO company official. Otherwise, the SELLER will not accept any responsibility.
4.5. The Agreement approved by the BUYER during shopping on the WEBSITE is sufficient and valid in all cases.
4.6. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the full price of the PRODUCT before receiving it. If the PRODUCT price is not paid to the SELLER before delivery, the SELLER may unilaterally cancel the contract and not deliver the PRODUCT.
4.7. If, for any reason after the delivery of the PRODUCT, the Bank/financial institution to which the credit card used for the transaction is registered does not pay the PRODUCT price to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses being borne by the BUYER. All other contractual-legal rights of the SELLER, including the right to pursue the PRODUCT price receivable, are reserved separately and in every case. For the avoidance of doubt; deferred/installment payment opportunities provided by institutions such as banks and financial institutions that issue credit cards, installment cards, etc. are a credit and/or installment payment opportunity provided directly by the said institution; PRODUCT sales realized within this framework and for which the SELLER collects the full price are not considered installment sales for the parties to this Agreement, but are cash sales. The SELLER's legal rights in cases deemed to be sales in installments by law (including the right to terminate the contract and/or demand payment of the entire remaining debt together with default interest in case of non-payment of any of the installments) are available and reserved. In case of default by the BUYER, a default interest of 5% per month will be applied.
4.8. If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances (such as adverse weather conditions, earthquake, flood, fire) outside of normal sales conditions and the delay exceeds 10 days, the SELLER will inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation. In case of order cancellations, if the PRODUCT price has been collected, it will be returned to the BUYER within 10 days from the cancellation. In credit card payments, the refund will be made to the BUYER's credit card or to the BUYER's bank account.
4.9. BUYER may notify SELLER of his/her requests and complaints regarding the PRODUCT and sales through the SELLER communication channels in the introduction section of the Contract.
4.10. For the delivery of the contractual product, the product price must be paid using the payment method preferred by the BUYER. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.11. SELLER has the right to reach BUYER for communication, notification and other purposes via letter, e-mail, SMS, telephone conversation and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by him/her later. BUYER accepts and declares that SELLER may engage in the above-mentioned communication activities towards him/her by accepting this contract. BUYER's rights in the Information Text and Privacy Policy on the Site are reserved.
4.12. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively attributed to the BUYER.
ARTICLE 5 - RIGHT OF WITHDRAWAL
You can return the order you have received within 14 days without opening the SELLER product box in any way with the approval of customer services. After your order reaches our return warehouse, it is examined and then your money is refunded to your bank after the unopened approval is given. In this regard, since the SELLER's products are cosmetic products, the BUYER is informed with this article that the return with the right of withdrawal can be accepted ONLY if the box of the products has not been opened in any way, otherwise the return and right of withdrawal cannot be accepted in any case.
Before accepting the packages that you think were damaged during shipment, open and check them in front of the cargo company representative. If there is any damage to the product, do not accept the product after a report is drawn up by the cargo company. If you do not draw up a report, do not forget that you have accepted that the cargo company has fully fulfilled its duty after the product has been received.
If the product is found to be damaged, broken, torn, used or similar and is not returned in the same condition as when it was delivered to the customer, the product will not be accepted for return and the price will not be refunded.
If you return the product, your refund will be finalized within seven (7) business days from the moment the product reaches the company, unless otherwise stated.
After the return transaction is approved, credit card refunds will be made subject to the refund processes of the cardholder banks. In such refunds, the BUYER is informed that refund processes may vary from bank to bank. Your bank may not reflect credit card refunds to your account in the same statement period. In this case, you should call your bank's credit card service.
ARTICLE 6 - PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
The information specified in this Agreement by the BUYER and the information provided to the SELLER for payment purposes will not be shared by the SELLER with third parties other than the cargo company it has an agreement with. If the SELLER is obliged to disclose the information in question due to administrative or legal obligations, the BUYER cannot hold the SELLER responsible. The SELLER declares that it will process the personal data of the BUYER, who is a party to the Agreement, in accordance with its primary and secondary obligations arising from Law No. 6698 for the execution and establishment of this Agreement, that it will ensure data security to prevent the unlawful processing, access and disclosure of the personal data it has obtained belonging to the BUYER and to ensure their preservation, and that sufficient technical and administrative measures have been taken within this scope. The SELLER will also delete, destroy or anonymize the data whose processing purpose has been eliminated by complying with the periods stipulated in other laws. By approving this Agreement, the BUYER accepts, declares and undertakes that he/she has been informed by the SELLER regarding the processing of personal data in accordance with Law No. 6698 and within the scope of the Information Text.
ARTICLE 7 - EVIDENCE AGREEMENT, AUTHORIZED COURT AND ENFORCEMENT
In resolving any dispute that may arise from this Agreement and/or its implementation, SELLER records (including records in magnetic media such as computer-voice records) constitute definitive evidence; Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Science, Industry and Technology, and in cases exceeding this, ISTANBUL ANATOLIAN Consumer Courts and Enforcement Offices are authorized.
BUYER declares, accepts and undertakes that he/she has read all the conditions and explanations written in this contract and the order form which forms an integral part of it, that he/she has received, reviewed and accepted all the sales conditions and other preliminary information.
The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order he/she placed on the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.