Distance Sales Agreement
ARTICLE 1. PARTIES
SELLER
Title : Nanotium Nano Teknoloji San. Trade Ltd. Sti.
Mersis No: 0629143343600001
Tax No: 6291433436
Address: Kavaklıdere Mahallesi Atatürk Boulevard No: 175/6
Çankaya/Ankara/TURKEY
Phone : +90 312 425 66 00
Web Address: www.nanotium.com
E-Mail : info@nanotium.com
BUYER
Name and surname :
Address :
Telephone :
Email :
ARTICLE 2. SUBJECT OF THE AGREEMENT
The subject of this Distance Sales Agreement (“Agreement”) is that the real or legal person who signed this Agreement (“Buyer”) places an electronic order from the Seller's https://www.nanotium.com website (“Website”). It is the determination of the rights, obligations and responsibilities of the product, the qualifications and sales price of which are stated below, in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
The Buyer Party, the Seller's information, the qualities of the goods subject to sale, the total sale price including taxes, the payment method, delivery conditions and all other preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, where they can submit their complaints and objections. It accepts and declares that it has been informed by the seller clearly, comprehensibly and in accordance with the internet environment, confirms this preliminary information in electronic environment and then places an order for the goods subject to sale, in accordance with the provisions of this contract.
ARTICLE 3. CONTRACT SUBJECT PRODUCT, PRICE, DELIVERY AND PAYMENT INFORMATION
The Buyer accepts that he/she has been informed about the type and type, code, quantity, brand/model, sales price, payment method, delivery person, delivery address, invoice information, shipping fee of the Product(s) received electronically before the payment is made and that he/she approves this information. and declares. The person to be invoiced and the person making the contract must be the same. If the courier company that will make the delivery does not have a branch at the location of the BUYER, the Buyer must receive it from another nearby branch to be notified by the Seller (Necessary information will be given to the BUYER by e-mail, SMS or telephone).
ARTICLE 4. ISSUES THAT ARE PRELIMINARY INFORMED TO THE BUYER
The Buyer confirms that he/she has been informed about the following issues by seeing and examining all general-specific explanations on the relevant pages or sections of the Website, before the Buyer accepts this Agreement on the Website and undertakes both the order and the payment obligation.
• The seller's title and contact information, information on the chamber of commerce and up-to-date introductory information,
• Confidentiality, data usage-processing and electronic communication rules applicable to the Buyer information applied by the Seller, and the Buyer's permissions given to the Seller in these matters, the Buyer's legal rights, the Seller's rights and the parties' rights usage procedures,
• Appropriate tools-methods regarding the stages of the sales process and the correction of incorrectly entered information during the purchase of the product(s) from the Website,
• Payment methods-means accepted by the Seller for the product(s) subject to the contract and the total price of the Products, including the basic features-qualities, taxes (the total price to be paid by the Buyer to the Seller, including the related expenses),
• Delivery, shipping-shipping costs, invoice and payment information of the product(s),
• Shipping restrictions stipulated by the Seller for the Products,
• Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the commitments and responsibilities of the parties in these matters,
• In cases where the Buyer has the right of withdrawal, the Buyer will lose his right of withdrawal if the right is not exercised in due time with the terms, duration and procedure of using this right,
• Products for which the Buyer does not have the right of withdrawal,
• In the case of Products with the right of withdrawal, if the Product deteriorates or undergoes a change due to not using it in accordance with the instructions for use, normal operation or technical specifications during the withdrawal period, the Buyer's request for withdrawal may not be accepted and in any case, the Seller will be liable to the Seller. may collect an amount that he/she deems appropriate according to the said defect or change, with deduction (offset) from the refund to be made to the Buyer,
• In cases where there is a right of withdrawal, how to return the Products to the Seller and all related financial issues (including the ways of return, the cost and the return of the Product price and the discounts and deductions that can be made for the reward points earned/used by the Buyer during the return),
• In case of dispute, the Buyer can submit his/her complaints to the Seller with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
• If the Buyer is a legal person, he cannot use "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are deemed to be of such nature),
• In case of dispute, the Buyer can submit his/her complaints to the Seller with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
• The Buyer can make a written notification or request to the info@nanotium.com e-mail address to receive information about his order and to submit his complaints.
ARTICLE 5. ORDER & PAYMENT TERMS
The TL amount of the products selected by the Buyer, including VAT (total installment amounts in installment transactions) and all costs, including the shipping fee, if any, are processed through the payment method chosen by the Customer, after the Buyer's approval, and after the payment is made, the order confirmation is given to the Buyer before the Products are shipped. e-mail is sent. No shipment will be made until the Order Confirmation e-mail is sent.
ARTICLE 6. CONDITIONS OF SHIPMENT AND DELIVERY
The Seller will send the Products via the contracted cargo company within a maximum of 30 days. If this cargo company does not have a branch in the Buyer's location, the Buyer must receive the Product from the nearest branch of the cargo company within 7 days at the latest; Otherwise, the Buyer is responsible for all damages and expenses.
In the event that the Buyer is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the Seller shall be deemed to have fulfilled its obligation in this regard. In case there is no one to take delivery at the address, it is the Buyer's responsibility to follow up the shipment of the products by contacting the cargo company. 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 be delivered is not present at the address or does not accept the delivery. In these cases, any damages arising from the late receipt of the Product by the Buyer and the expenses incurred due to the fact that the Product has been waited in the cargo company and/or the return of the cargo to the Seller shall also be borne by the Buyer.
The Buyer is responsible for checking the Product as soon as he receives it and when he sees a problem in the Product due to the cargo, not accepting the Product and keeping a report to the Cargo company official. Otherwise, the Seller will not accept responsibility.
The Seller is responsible for the delivery of the contractual goods or services to the Buyer in accordance with the consumer legislation, intact, complete and in accordance with the qualifications specified in the order.
If the Seller cannot deliver the goods or services subject to the contract within the period due to force majeure or extraordinary circumstances that prevent transportation, he is obliged to notify the Buyer within 3 (three) days from the date of learning.
If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the Product price to the Seller or demands a refund of the price paid, the product is not used and the packaging is not damaged, by taking the necessary protection measures to ensure resaleability, at the latest. It is returned to the Seller by the Buyer within 3 days. If the non-payment of the product price is due to a fault or negligence of the Buyer, the shipping costs will be borne by the Buyer. All other contractual-legal rights, including the follow-up of the Product price receivable of the Seller without accepting the return, are reserved separately and in any case.
ARTICLE 7. BUYER'S RIGHT OF WITHDRAWAL AND TERMS OF USE
The Buyer has the right to withdraw from the order-Contract within fourteen (14) days from the date of receipt of the Product without giving any reason and without paying any penalty. However, the Buyer may use his right of withdrawal within the period from the conclusion of the Contract until the delivery of the Product.
Unless otherwise agreed in writing by the parties, the Buyer cannot exercise its legal right of withdrawal regarding the following Product/service(s), even if it has not been used:
• Products or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the Seller,
• Products prepared in line with the Buyer's requests or personal needs (those that are customized for the person/personal needs by making changes/additions),
• Products that can spoil quickly or expire,
• Products whose protective elements such as packaging, tape, seal, package have been opened after delivery and which are not suitable for return in terms of health-hygiene,
• Products that are mixed with other products after delivery and cannot be separated due to their nature,
• Services started to be performed with the Buyer's approval before the expiry of the right of withdrawal.
The Buyer must direct the notification that he has exercised his right of withdrawal to the Seller in writing within the period specified above, as follows.
In case the right of withdrawal is exercised before the delivery of the products to the courier company for delivery to the Buyer, the Buyer may make the necessary notification via the Seller's info@nanotium.com e-mail address and +90 312 425 66 00 number.
In case the right of withdrawal is exercised following the delivery of the products to the courier company to be delivered to the Buyer, the Buyer shall print out and fill out the return form on the Delivery and Return page of the Website, and return the Products to the Seller, complete and undamaged, with their box, packaging and standard accessories, if any. It will be forwarded to the cargo company notified by . For product returns whose invoices are issued on behalf of institutions, a return invoice must be issued.
In case the right of withdrawal is exercised, the Buyer is obliged to return the Product(s) to the Seller within ten (10) days at the latest from the date on which the withdrawal notification is submitted to the Seller. The shipping cost of the returned Product shall be borne by the Seller, provided that the Seller's contracted cargo company is used.
Provided that the right of withdrawal is fulfilled by the Buyer in a timely manner and duly, the Seller shall pay all the collected payments, including the product price and, if any, the delivery costs of the goods to the consumer, within 14 days from the date of receipt of the withdrawal notice. will return it to the Buyer in accordance with the vehicle. Delivery costs collected from the Customer shall be borne by the Seller only if all products subject to the same order are returned.
In cases of legal withdrawal and other order-contract cancellations, the Seller may receive a discount on the Product price and/or all kinds of reward points, etc., from the Buyer. The rights of collection and deduction of monetary values are reserved.
In cases where the right of withdrawal is not stipulated by law, the right of withdrawal cannot be benefited from, and in cases where this right is not used duly or on time, the Buyer loses the right of withdrawal.
If there is more than one product in the order placed by the Buyer and the Buyer wishes to return some of these products, the Buyer can use the right of withdrawal for these products only after the delivery of the product.
Products sold over the internet in the Seller's retail stores are not refundable.
ARTICLE 8. MATTERS REGARDING PRIVACY, INFORMATION SECURITY, PERSONAL DATA AND INTELLECTUAL RIGHTS
Necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken in the system infrastructure of the Seller, within the scope of the information and technical possibilities according to the nature of the transaction. However, since the said information is entered from the Receiver device, it is the Receiver's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the Receiver and cannot be accessed by unrelated persons.
The Buyer can always stop the data usage-processing and/or communications by contacting the Seller through the specified communication channels. According to the clear notification of the Buyer on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the buyer wishes, he may object to the emergence of a result against him by means of transactions related to the processing of his personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, You can always apply to the Seller through the above communication channels and get information on issues such as the elimination of damages due to the processing of the product. Applications and requests in these matters will be fulfilled within the legal maximum period or may not be accepted by explaining the legal reason to the party.
Regarding all kinds of information and content of the Internet Site and their arrangement, modification and partial/full use; Except for those belonging to other third parties according to the Seller's agreement; All intellectual and industrial rights and property rights belong to the Seller.
The Buyer can always access and review the Preliminary Information and Contract text sent to the e-mail address following its approval by saving and storing the aforementioned e-mail in the permanent data storage. The Seller will also keep the Preliminary Information and Contract text in their systems for a period of three years.
The Buyer declares that the personal information he has given is correct, together with this information, all data such as shopping and personal information to be given under any circumstances under the order, even if the Buyer's membership terminates for any reason, with the Seller, but not limited to the ones stated here. Seller's liability for any damages that may arise as a result of the collection by its subsidiaries, affiliates, any service provider companies it works with within the scope of the Program, and their shareholders and employees ("Program Collaborators"), the processing of this data by the Program Collaborators, and the information in the application form not being updated or incorrect information is provided. and/or Program Collaborators are not responsible.
To learn whether the personal data is processed or not, to request information about it if the personal data has been processed, to learn the purpose of processing the personal data and whether they are used in accordance with the purpose, to know the third parties in the country or abroad to whom the personal data is transferred, in case of incomplete or incorrect processing of the personal data requesting their rectification, requesting the deletion or destruction of personal data within the framework of the conditions stipulated in the law, requesting notification of the third parties to whom personal data has been transferred regarding the rectification, deletion or destruction of personal data, the emergence of a result against the person himself by analyzing the processed data exclusively through automated systems. It has been reported that they have the right to object and to demand the compensation of the damage in case of loss due to the unlawful processing of personal data.
ARTICLE 10. AUTHORIZED COURTS AND EXECUTION OFFICES IN CASE OF DISPUTES
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined-announced every year by the Ministry of Customs and Trade, and Consumer Courts in cases exceeding these limits. In this context, the Buyer may apply to the Arbitration Committees and Consumer Courts in his own or, if he wishes, the Seller's domicile (residence).
ARTICLE 11. STATEMENT OF ACCEPTANCE AND APPROVAL
The Buyer accepts that he has read all the conditions and explanations written in this Agreement and in the Preliminary Information of the Order and Contract, which form an integral part of it, and that he has read the basic feature-attributes of the Product(s) subject to sale, sales price, payment method, Delivery conditions, all other preliminary information regarding the Seller and the Product subject to sale, and the right of withdrawal and personal information, including all issues, have been informed beforehand, have seen, read, accepted the content of the Internet Site and again confirmed all these in electronic environment. By giving approval-acceptance-permission, it accepts and declares that it accepts the provisions of this Agreement by ordering the Product.
I have read the Distance Sales Agreement, I accept and approve its content.