Terms of service

Distance Sales Agreement

PARTIES

This Distance Sales Agreement (the “Agreement”) has been signed electronically between CSA KOZMETİK GÜZELLİK BAKIM HİZMETLERİ SANAYİ VE TİCARET ANONİM ŞİRKETİ (the “Seller”), operating at Güvenevler Mah. 1941 Sk. No:18/A 33140 Yenişehir / Mersin / Türkiye, and the person purchasing its services/products through the website with the domain name www.csacosmetics.com.tr (the “Buyer”), being the Seller and Buyer whose details are provided below.

The Parties acknowledge, represent and undertake that they have read this Agreement in its entirety, fully understood its content and approved all of its provisions.

SELLER:

Seller's Trade Name: CSA KOZMETİK GÜZELLİK BAKIM HİZMETLERİ SANAYİ VE TİCARET ANONİM ŞİRKETİ

Seller's Full Address: Güvenevler Mah. 1941 Sk. No:18/A 33140 Yenişehir / Mersin

Seller's Tax Number: 2150614345

Seller's Email Address: info@csacosmetics.com.tr

Seller's Telephone: +90 850 305 73 33

BUYER:

Buyer's First Name/Last Name:

Buyer's Address:

Buyer's Telephone:

Buyer's Email Address:

The Seller and Buyer will each be referred to as a “Party” and together as the “Parties”.

By purchasing products and services from the Seller, the Buyer acknowledges, represents and undertakes that they have read this Agreement in its entirety, fully understood its content and approved all of its provisions. Likewise, the Seller represents and undertakes the following matters to the Seller. Accordingly, the Buyer undertakes that the information provided by the Buyer when purchasing the service is accurate.

CONCLUSION OF THE AGREEMENT

The Buyer acknowledges that they have read and understood the Agreement and are aware of their rights and obligations.

The Parties acknowledge that there is no disproportion between the obligations agreed under the Agreement, that the mutual obligations are appropriate to the nature of the transaction, and that they do not lack experience in the transactions covered by the Agreement.

The Buyer acknowledges that they are fully convinced that the transactions covered by the Agreement are in their interests and that they will comply with all the terms of their own free will, without any difficulty or distress, after consideration, willingly and knowingly.

The Parties acknowledge that the provisions of the Agreement do not have any characteristics that could be considered unfair terms and that there is no unfairness in the balance of interests.

The provisions of this Agreement do not contain any unfair terms under the provisions of the Regulation on Unfair Terms in Consumer Contracts. The provisions do not contravene the rules of honesty and good faith and have been prepared in accordance with consumer protection legislation.

The provisions of this Agreement have also been prepared taking into account the provisions of the Turkish Code of Obligations. The Buyer has carried out the review of binding effect and content stipulated in Article 21 of the Turkish Code of Obligations. None of the provisions of this Agreement is unrelated to the nature of this Agreement or the characteristics of the transaction. The provisions of this Agreement are written clearly and understandably and do not convey multiple meanings.

SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is to determine the rights and obligations of the Parties under Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts concerning the sale and delivery of the product whose specifications and sale price are set out below, which the Buyer has ordered electronically through the Seller's website with the domain name www.csacosmetics.com.tr (the “Site”).

ESSENTIAL CHARACTERISTICS OF THE GOODS OR SERVICES COVERED BY THE AGREEMENT

The essential characteristics, sale price, delivery conditions and payment terms of the product covered by this Agreement are as follows:

Type of Product/Service: Sale of products and/or services by the Seller to the Buyer through the Site

Product Code and Name Quantity Unit Price (including VAT)
......... ... ... ...... .......

PAYMENT AND DELIVERY TERMS

Total product price excluding shipping:

Shipping Charge:

Total product price including shipping and all taxes:

Delivery Address:

Person to Receive Delivery:

The total product price specified above is collected from the Buyer by CSA KOZMETİK GÜZELLİK BAKIM HİZMETLERİ SANAYİ VE TİCARET ANONİM ŞİRKETİ.

Delivery conditions for the product/service covered by the Agreement:

Carrier Information: The carriers used by the Seller are MNG Kargo - The shipping information will automatically be displayed/sent to the customer.)

Delivery Address:

Person to Receive Delivery:

DELIVERY

Unless the product covered by the Agreement is prepared according to the Buyer's wishes or personal needs, it will be delivered to the Buyer or to the person/organization at the address designated by the Buyer within the period specified in the Preliminary Information Form for each product, depending on the distance to the Buyer's place of residence, without exceeding the statutory period of 30 (thirty) days.

For the avoidance of doubt, delivery of the product(s) covered by this Agreement requires the Buyer to have confirmed this Agreement and the Preliminary Information Form electronically and to have paid the price of the product(s) in full using the Buyer's preferred payment method. If, for any reason, the product price is not paid, is paid only in part, or the payment is cancelled in the bank's records, the Seller will be deemed released from its obligation to deliver the product.

If it becomes impossible to fulfill the order for goods or services, the Seller will notify the Buyer in writing or through a durable medium within 3 (three) days of becoming aware of this situation and will refund all payments collected, including any delivery costs, to the Buyer no later than 14 (fourteen) days after the date of notification.

REPRESENTATIONS AND UNDERTAKINGS OF THE BUYER

The Buyer acknowledges, represents and undertakes that they have read and understood the preliminary information provided by the Seller on the Site concerning the essential characteristics of the goods or services covered by the Agreement, their sale price and payment method, and the delivery and shipping charges; that they have provided the necessary confirmation electronically; that they are aware that confirming the order through the Site creates an OBLIGATION TO PAY; that they have purchased the product/service electronically; and that the sale price will be charged to the credit/debit card whose details they entered for the payment transaction.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer also confirms that they have correctly and fully received the information that the Seller must provide to the Buyer before a distance contract is concluded, including the address, the essential characteristics of the goods or services ordered, the price of the goods or services including taxes, and information on payment, delivery and delivery charges.

If, after delivery of the goods or services, the relevant bank or financial institution does not pay the Seller for the goods or services because the Buyer's credit card has been used unfairly or unlawfully by unauthorized persons through no fault of the Buyer, the Buyer must return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, delivery costs are the Buyer's responsibility.

If the goods or services covered by the Agreement are to be delivered to someone other than the Buyer, the Seller cannot be held responsible if that person refuses to accept delivery.

If the Buyer is not present at the address to which they requested delivery, the order will under no circumstances be left at another address. In this case, the Buyer must accept the legal obligations arising from having placed an order for delivery to an address where they are not present.

If the product covered by the Agreement is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if that person/organization refuses to accept delivery.

The Seller is responsible for delivering the product covered by the Agreement in sound and complete condition and in accordance with the specifications stated in the order. For a justified reason, before the deadline for performing its obligations under the Agreement expires, and provided that it informs the Buyer and obtains the Buyer's express approval, the Seller may supply the Buyer with goods or services of equivalent quality and price.

Delivery of the product covered by the Agreement requires electronic confirmation of this Agreement and payment of the price of the order covered by the Agreement. If, for any reason, the product price is not paid or the payment is cancelled in the bank's records, the Seller will be deemed released from its obligation to deliver the product under this Agreement.

The Seller is responsible for any loss or damage occurring until the goods are delivered to the Buyer or to a third party designated by the Buyer other than the carrier. If the Buyer requests shipment by a carrier other than the one designated by the Seller, the Seller is not responsible for any loss or damage that may occur after the goods are handed over to that carrier.

The service offered by the Seller is intended for end users as part of retail sales. If the Seller suspects that the Buyer intends to resell the products, the Seller reserves the right to cancel the order and withhold delivery of the products, even if this Agreement has already been concluded.

The Buyer must inspect the product before accepting delivery and must not accept a defective or damaged product whose defects or damage can be identified through an ordinary inspection from the Seller's representative or the shipping company. If the Buyer neglects to inspect the goods and accepts delivery, the Buyer will be deemed to have accepted that the product is sound and undamaged.

REPRESENTATIONS AND UNDERTAKINGS OF THE SELLER

The Seller is responsible for delivering the goods or services covered by the Agreement to the Buyer in accordance with consumer legislation, in sound and complete condition, with the specifications stated in the order and, where applicable, with warranty documents and user manuals.

For a justified reason, and provided that it informs the Buyer and obtains the Buyer's express approval, the Seller may supply the Buyer with a different product of equivalent quality and price before the deadline for performing its obligations under the Agreement expires.

THE BUYER'S RIGHT OF WITHDRAWAL

Without prejudice to the other provisions of the Agreement, the terms and conditions set out under this Article 8 will apply only if the Buyer qualifies as a consumer under the relevant legislation.

The right of withdrawal and its exercise for Buyers who qualify as consumers under Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts:

In accordance with the relevant provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts:

The Consumer Buyer has the right to withdraw from the contract within 14 (fourteen) days without giving any reason and without paying a penalty, starting from the date the contract is concluded for contracts relating to the performance of services, or from the date the goods are received for distance contracts relating to the sale of goods. It is sufficient for notice of the exercise of the right of withdrawal to be sent to the Seller in writing or via a durable medium within this period. The Seller's contact details for submitting a notice of withdrawal are as follows:

  • Full Address: Güvenevler Mah. 1941 Sk. No:18/A 33140 Yenişehir / Mersin
  • Contact Number: 0 850 305 73 33
  • Email: info@csacosmetics.com.tr

The Consumer Buyer will be informed after the Seller receives the notice that the right of withdrawal has been exercised.

Within 14 (fourteen) days of receiving notice that the Consumer Buyer has exercised the right of withdrawal, the Seller will refund all payments made by the Consumer Buyer to the Seller for the relevant goods or services, including any costs of delivering the goods to the Consumer Buyer. The refund will be made to the Consumer Buyer in a single payment, using the payment method used for the purchase and without imposing any cost or obligation on the consumer.

If the Consumer Buyer exercises the right of withdrawal, the shipping company designated by the Seller to collect the returned product is MNG Kargo, with which the Company has an agreement. When the right of withdrawal is exercised and the goods are returned through the shipping company specified here, the Consumer Buyer will not be held responsible for return costs. If the Consumer Buyer sends the goods to be returned through a shipping company other than the Seller's contracted shipping company specified in this Agreement, the Seller is not responsible for return shipping costs or for any damage to the goods during shipping. If the contracted return shipping company does not have a branch in the Consumer Buyer's location, the Seller is obliged to arrange collection of the goods to be returned from the consumer without requesting any additional charge.

The Consumer Buyer must send the goods back to the Seller within 10 (ten) days of sending notice that the right of withdrawal has been exercised. Together with the goods being returned, the invoice, box, packaging, any standard accessories and any other products given as gifts because of the purchase of the goods must also be returned to the Seller complete and undamaged. During the withdrawal period, the Consumer Buyer must use the goods in accordance with their operation, technical specifications and instructions for use; otherwise, the Consumer Buyer is responsible for any changes or deterioration in the goods.

As the refund of order payments made through bank accounts or credit cards and the posting of these refunds to the Consumer Buyer's accounts depend entirely on the bank's processing procedures, the Seller cannot intervene in any way in the event of possible delays. For this reason, it may take a long time for the bank to post the amount refunded to the Consumer Buyer's bank account or credit card to the Consumer Buyer's account or credit card.

Under Article 15 of the Distance Sales Regulation, the Consumer Buyer's right of withdrawal does not apply to contracts:

  • (a) relating to goods or services whose prices change due to fluctuations in financial markets and are outside the control of the seller or provider;
  • (b) relating to goods prepared in line with the consumer's wishes or personal needs;
  • (c) relating to the delivery of goods that are perishable or may expire;
  • (ç) relating to the delivery of goods that are unsuitable for return for health and hygiene reasons, where protective elements such as packaging, tape, seals or wrapping have been opened after delivery;
  • (d) relating to goods that, after delivery, are mixed with other products and cannot be separated due to their nature;
  • (e) relating to books, digital content and computer consumables supplied on a physical medium, where protective elements such as packaging, tape, seals or wrapping have been opened after delivery;
  • (f) relating to the delivery of periodicals such as newspapers and magazines, other than those supplied under a subscription contract;
  • (g) relating to accommodation, the transport of goods, car rental, food and beverage supply, and leisure activities for entertainment or recreation, which must be provided on a specific date or during a specific period;
  • (ğ) relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer; and
  • (h) relating to services whose performance has begun with the consumer's consent before the withdrawal period expires.

The Consumer Buyer cannot exercise the right of withdrawal under these contracts.

Complaint and objection procedure for Buyers who qualify as consumers under Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts:

Any complaints and objections arising from this Agreement may be submitted to the Consumer Disputes Arbitration Committee or the Consumer Court at the Buyer's place of residence or the place where the consumer transaction took place, according to the monetary limits determined by the Ministry of Trade each December.

THE SELLER'S METHOD FOR RESOLVING COMPLAINTS

The Buyer may submit complaints concerning the purchased goods and/or services directly to the Seller, using the Seller's contact details specified under the Parties heading above. If a complaint is submitted, the Seller will provide all possible support to resolve the issue.

DEFAULT AND ITS LEGAL CONSEQUENCES

If the Buyer defaults on transactions made by credit card, the cardholder will be liable to the bank under the credit card agreement concluded with the bank. In this case, the relevant bank may take legal action and claim any resulting costs and attorney's fees from the Buyer. In all circumstances, if the Buyer defaults, the Buyer will be responsible for any loss or damage suffered by the Seller.

INTELLECTUAL PROPERTY

The Buyer acknowledges and represents that all rights arising under the Law on Intellectual and Artistic Works (FSEK) in the special design techniques, textures, patterns, designs, drawings, design elements, styles, gradient and solid colour tones used in the designs of products manufactured by the Seller, in the elements used in the design of all kinds of graphic designs, illustrations, drawings, designs and works, and in all products offered for sale on the Site belong to the Seller.

All intellectual and industrial property rights and ownership rights relating to all information and content on the Site and to their arrangement, revision and partial or complete use belong to the Seller, except for those belonging to other third parties under the Seller's agreements. None of the products purchased by the Buyer, any part of them and/or any information, software or service obtained from a product may be modified, copied, distributed, reproduced, published, made the subject of derivative works, transferred or sold. Under this Agreement, the Buyer acknowledges and undertakes that they will not use the purchased product for unlawful purposes and/or in these prohibited ways. Otherwise, the Buyer will bear all resulting civil and criminal liability, and the Seller reserves all rights to compensation and other claims arising from such unauthorized use in relation to any allegations or claims that third parties or competent authorities may bring against the Seller.

RESOLUTION OF DISPUTES

Any complaints and objections arising from this Agreement may be submitted to the Consumer Disputes Arbitration Committee or the Consumer Court at the Buyer's place of residence or the place where the consumer transaction took place, according to the monetary limits determined by the Ministry of Trade each December.

OTHER PROVISIONS

The Seller may transfer its rights and obligations arising from this Agreement to third parties without obtaining the Buyer's consent. The Buyer may not transfer their rights and obligations arising from this Agreement to third parties without obtaining the Seller's consent.

The Buyer agrees that, in any disputes arising under this Agreement, the electronic records and system records, commercial records, ledger records, microfilm, microfiche and computer records maintained by the Seller in its own database or on its servers will constitute valid, binding, conclusive and exclusive evidence; that the Buyer exempts the Seller from being called upon to take an oath; and that this clause constitutes an agreement on evidence within the meaning of Article 193 of the Code of Civil Procedure.

The occurrence of circumstances beyond the Parties' control that prevent and/or delay the performance of their obligations under this Agreement without any fault or negligence on the part of the relevant Party will be considered force majeure. (Examples include strikes, lockouts, war whether declared or not, civil war, acts of terrorism, earthquakes, fires, floods and similar natural disasters; legislative and administrative acts of any official authority, provided that they do not arise from the inadequacy of either Party; technical failures and delays relating to faults and delays caused by other service providers supplying internet connectivity; and similar circumstances.) The Parties will not be held responsible for failing to perform their obligations fully or on time in circumstances including these and similar events that are outside their control and that they could not reasonably foresee. The Party whose obligations are affected by any force majeure event will notify the other Party of the situation in writing as soon as possible and will provide the other Party, as soon as possible, with a document issued by an authorized person or institution evidencing the force majeure event.

ENTRY INTO FORCE

This Agreement is concluded and enters into force through the Buyer's electronic approval on the date it is approved online. Transactions carried out through the Site are regarded as declarations of intent binding on the Parties under the Turkish Code of Obligations, consumer legislation and other applicable legislation.

The text of this Agreement will be sent by email to the email address provided by the Seller immediately after its approval and will be retained by the Seller for 3 (three) years. Whenever the Buyer wishes, the Buyer may request access to a copy of this Agreement from the Seller by submitting a request to info@csacosmetics.com.tr.

SELLER

CSA KOZMETİK GÜZELLİK BAKIM HİZMETLERİ SANAYİ VE TİC. A.Ş

BUYER