Distance Sales Agreement

PARTIES TO THE AGREEMENT

SELLER: COSMOPUBLIC İç ve Dış Tic. A.Ş.

CENTRAL REGISTRATION SYSTEM NUMBER: 0212-0795-5750-0001

TRADE REGISTRY NUMBER: 168281-5

Tax Office: Gaziosmanpaşa V.D. 212 079 5575

ADDRESS: Göktürk Merkez Mah. Göktürk Cad. Neo Yaşam Sit. A Blok, Apt. No: 9A/ D:19, Eyüpsultan / İstanbul

WEBSITE: www.thenewlab.com

EMAIL: [email protected]

BUYER: Customer

 

PARTIES AND SUBJECT

This agreement regulates the rights, law, and obligations of the parties within the scope of the Consumer Protection Law and the Regulation on Distance Contracts regarding the purchase of products (hereinafter referred to as the PRODUCT/PRODUCTS) from the www.thenewlab.com website (hereinafter referred to as the WEBSITE) by the person (hereinafter referred to as the BUYER) who will purchase the PRODUCT/PRODUCTS through the order form specifying the features, quality, quantity, sales price, payment method, and delivery terms of the PRODUCT/PRODUCTS electronically filled out by the BUYER and the seller company COSMOPUBLIC İç ve Dış Tic. A.Ş. (hereinafter referred to as the SELLER), located at Göktürk Merkez Mah. Göktürk Cad. Neo Yaşam Sit. A Blok, Apt. No: 9A/ D:17 Eyüpsultan / İstanbul. The announced prices and promises are valid until updated and changed. The prices declared for a certain period are valid until the specified period ends.

ARTICLE 1.

RIGHT OF WITHDRAWAL AND EXCEPTION TO THE RIGHT OF WITHDRAWAL The SELLER makes the following commitment to the BUYER (Consumer): "The consumer has the right to withdraw from the contract without assuming any legal or criminal liability and without giving any reason within fourteen days from the date on which the goods are received or the contract is signed, and we undertake to accept the return of the goods upon notification of withdrawal." For the BUYER to exercise the right of withdrawal, it is required to notify the SELLER in writing within this period and to return the goods, which must not be opened, to the SELLER within 10 days at the latest after this notification reaches the SELLER. In the event of the exercise of this right, it is obligatory to return the original invoice of the PRODUCT, which is delivered to 3rd parties or the BUYER, with the cargo delivery receipt showing that the PRODUCT has been sent to the SELLER. Within 10 (ten) days following the arrival of these documents and the PRODUCT at the SELLER, the PRODUCT price is refunded to the BUYER. In the case of payments made by credit card, the refund process is carried out by crediting the BUYER's credit card or bank account. In accordance with tax legislation, if the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the returned product is covered by the BUYER. When there is a possibility of the expiration of the PRODUCT, the BUYER cannot exercise the right of withdrawal. Likewise, the return of products with opened protective elements such as packaging, tape, or packaging tape after delivery is not suitable for health and hygiene, so the right of withdrawal cannot be exercised. The opening of the product packaging is within the scope of the exception to the right of withdrawal.

ARTICLE 2. GENERAL PROVISIONS

2.1. The BUYER acknowledges that they have read the basic characteristics of the products shown on the WEBSITE, the sales price, and the payment method, as well as the preliminary information about the delivery, and has given the necessary confirmation for the sales in the electronic environment.

2.2. The PRODUCT is delivered to the address specified by the BUYER on the WEBSITE, packaged with its invoice, and securely within a maximum of 30 days.

2.3. 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 be delivered does not accept the delivery.

2.4. The BUYER is responsible for inspecting the PRODUCT upon delivery and for not accepting the PRODUCT if they see any problems caused by shipping. Otherwise, the SELLER will not be liable.

2.5. The Agreement approved by the BUYER during the shopping on the WEBSITE is sufficient and valid in any case.

2.6. Unless otherwise specified in writing by the SELLER, the BUYER must have fully paid the price of the PRODUCT before receiving it. If the PRODUCT price is not paid to the SELLER before the delivery, the SELLER may unilaterally cancel the contract and may not deliver the PRODUCT.

2.7. If, for any reason, the bank/financial institution to which the credit card used for the transaction belongs does not pay the PRODUCT price to the SELLER, the PRODUCT will be returned to the SELLER by the BUYER within 3 days at the latest, with all costs belonging to the BUYER. The SELLER's legal rights (including but not limited to the right to terminate the contract and/or demand the entire remaining debt with default interest in case any of the installments are not paid) are reserved.

2.8.In the event that the PRODUCT cannot be delivered within the 30-day period due to extraordinary circumstances (such as adverse weather conditions, earthquakes, floods, fires, etc.) beyond the normal sales conditions of the PRODUCT, and if the delay exceeds 10 days, the SELLER shall inform the BUYER regarding the delivery. In this case, the BUYER may choose to cancel the order, place an order for a similar product, or wait until the end of the extraordinary circumstances. If the PRODUCT price has been collected in order cancellations, it shall be refunded to the BUYER within 10 days from the date of cancellation. In the case of credit card payments, the refund process shall be made to the BUYER's credit card or bank account.

2.9. The BUYER may communicate their requests and complaints regarding the PRODUCT and the sale to the SELLER through the contact channels of the SELLER provided in the introduction section of the Agreement.

3. In the resolution of any disputes arising from or in connection with this Agreement and/or its implementation, the records of the SELLER (including records in magnetic media such as computer voice records) constitute conclusive evidence; Consumer Arbitration Committees up to the value announced by the Ministry of Science, Industry, and Technology, and in cases exceeding this limit, Istanbul Consumer Courts and Enforcement Offices shall be authorized.

The BUYER declares, accepts, and undertakes that they have read all the conditions and explanations in this Agreement and the order form that constitutes an integral part of it, that they have obtained all the preliminary information about the sales conditions, and that they have examined and accepted all of them.

 

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