Distant Sales Contract
All users are accepted as they have read and confirmed the purchase contract as soon as they process with the membership.
The purchase contract is between Marmara Smile Dental Clinic and the customer in a virtual environment.
Terms and Conditions
Article – 1: SUBJECT
The subject of this contract to determine the rights and liability of the parties on the sales and delivery related with the product that is ordered from “www.marmarasmile.com” (“Website”) on electronic environment whose qualifications and price is defined below accordingly Law on the Protection of the Consumers, numbered 6502 and Distance Contracts Regulations that is published on the official gazette on 18.104.22.1684.
Article – 2: SELLER INFORMATIONS
Title: Marmara Smile Turizm Sağlık Hizmetleri Dış Tic. LTD. ŞTİ. (From now on will be mentioned as “Marmara Smile Dental Clinic” or “SELLER”)
Address: Meşruiyet Mah. Rumeli Cad. Matbaacı Osmanbey Sk. Bakara Apt. No: 51 Kat:4 D:4 – Şişli/ İstanbul 34371
Phone: +90 539 626 24 21
Product Return Address: Meşruiyet Mah. Rumeli Cad. Matbaacı Osmanbey Sk. Bakara Apt. No: 51 Kat:4 D:4 – Şişli/ İstanbul 34371
Article – 3: PURCHASER INFORMATIONS
All members, all purchasers who became members and shopped thru Marmara Smile Dental Clinic company’s e-commerce shop marmarasmile.com (From now on will me mentioned as “PURCHASER” or “CUSTOMER”)
Article – 4: SUBJECT OF THE CONTRACT AND PRODUCT INFORMATIONS
Goods’/Products’ or Services’; Type, Amount, Brand/Model, Color, Number, Sale Price and Payment Type is as it s stated on the web-site and could be changed without notifying the purchaser.
Article – 5: GENERAL PROVISIONS
5.1. The PURCHASER declares and confirms that he/she has all the information regarding the contract product’s basic qualifications, tax included sales price and payment type with delivery and all related charges will be paid by the PURCHASER, and also knows the delivery time, full commercial title of the SELLER, open address and contact details.
5.2. In case of visiting this website or the mobile application; the SELLER is not responsible for any possible direct or indirect damage in consequence of breach of contract, tortious act or other reasons caused by using the website and the information and other data, programs etc. SELLER does not accept responsibility in the means of interruption, malfunction, omission, extinguishment, loss, delay on process or communication, computer virus, failures on telecommunication lines, communication fault, theft, annihilation or access to the records without permission or change of them caused by the breach of contract, tortious act or other reasons.
5.4. The Web Site and the Mobile Application might include connections or references to other web sites that are not controlled by the SELLER. SELLER is not responsible for the contents and the connections contained in those web sites.
5.5. SELLER has all the intellectual and industrial property rights of the general view and the design of this website and the mobile application and all information and all materials (“Materials”) such as; pictures, all brands, website field name, logo, icon, technical data that are presented to as demonstrative, written, electronic, graphic or machine readable and computer softwares, applied sales system, work method and work model, and all are under legal protection. Any material of the website or the mobile application including the codes and the software can not be changed, copied, reproduced, translated to another language, re-published, installed to another computer, posted, transmitted, presented or distributed without a prior permission and giving full credit. Whole or part of the Website and/or the Mobile Application can not be used in other website without permission. Detection of acts against may cause legal and criminal liability and other rights of the SELLER that are not stated in here are reserved.
5.6. PURCHASER’s informations may only be disclosed to official authorities incase of their acknowledged requests and if necessity of revelation arises according to legislation provisions.
5.7. The contract product will be delivered to the PURCHASER or the one residing in the address given by the PURCHASER within the time frame stated on the Website according to the distance of the PURCHASER’s settlement, which can not exceed 30 days, by the SELLER’s contracted courier company. Effective from the date this Contract is confirmed, the contracted courier company of the SELLER is Havex Kargo (Havex Uluslar arası Taşımacılık ve Dış Tic.LTD.ŞTİ.) All courier charges regarding the delivery shown in Article 3, in case the total order price is under 1000 (A thousand) Turkish Liras, will be paid by the PURCHASER and these charges will be invoiced as “Delivery Charge”.
5.8. SELLER is not responsible for the damages that might be caused by rejection of the delivery by others than the PURCHASER in case the contract products is supposed to be delivered to other people / institution than the PURCHASER.
5.9. SELLER can not be hold responsible for the damages caused by the errors and the omissions of the courier responsible for delivering the products to the PURCHASER and SELLER can not be hold responsible for the non-delivery of the product.
5.10. SELLER is responsible for delivering the contract product(s) as solid, complete, matching with the quality stated in the order with it’s warranty and user manual if there is any.
5.11. In case the ordered product or service’s delivery is somehow impossible if the SELLER could not meet it’s liabilities according to the contract; SELLER should inform the PURCHASER about this situation before the execution liability duration ends and may supply another product that is of the same price and quality to the PURCHASER if there is any in stock.
5.12. After the delivery of the product(s), if the bank or finance institution does not transfer the amount because the credit card, bank card or debit card or other payment instruments that are provided on the website is used illegally by others who are unauthorized in such a way that it’s not because the fault of PURCHASER; if the products are delivered to the PURCHASER himself/herself, products should be returned in 3 (three) days to the SELLER. On the contrary, PURCHASER accepts and commits that all kinds of legal procedures will be applied
5.13. SELLER reserves the right to return the paid amount to the PURCHASER in case the product ot service that is purchased by the PURCHASER is not in stocks of the provider company of the SELLER and there is no other products that is of the same price and quality.
5.14. SELLER is liable to inform the PURCHASER in case the contract product could not be delivered within the promised duration because of force majeure or exceptional circumstances that prevents the delivery such as adverse weather conditions or inability of transportation. In this case, if the PURCHASER cancels the order, the paid amount will be refunded at once to the payment instrument that is used while purchasing the product, within 30 (thirty) days.
5.15. Payments that are made via credit card the product(s) total will be refunded to the related bank after the cancelation of the order by the PURCHASER. After the refund of this amount to the bank, the appearance of the amount on the PURCHASER’s account is totally related with bank process durations and the PURCHASER accepts that the SELLER can not interfere to the possible delays and after the refund is processed to the bank, it may take 2-3 weeks that the bank transfer the funds to the PURCHASER’s account.
5.16. SELLER reserves the right to cancel the orders thru the website over the need of the PURCHASER. SELLER reserves the right to completely cancel orders, within the scope of wholesale, exceeding 30 (thirty) products that are over the need of the PURCHASER, or may only send the 30 (thirty) of them which is under the limit of retail purchase.
5.17. The SELLER has the right to ask all kinds of information and documents including visual aids to prove the id and credit card information in case the purchase process can not be completed by the PURCHASER because of entering the credit card password wrong for 3 (three) times. The SELLER has the right to instantly cancel the order without responsibility and compensation in case these informations and documents could not be provided by the PURCHASER or missing information or the in case the given information does not match with the order information.
5.18. SELLER has the right to cancel all the orders that the sales price is misspelled in a way that it is way under the market value and could be understood by an average person. PURCHASER accepts and declares that he/she will not ask for any rights or demands in case this kind of situations that the mistake is clear.
Article – 6: RIGHT OF WITHDRAWAL
The PURCHASER has the right of withdrawal after the delivery of the products to herself/himself or the one residing in the given address within 14 (fourteen) days without a need of reason. In case the right of withdrawal is used, the products that will be returned should be sent by the SELLER’s contracted courier company that is announced on the website. The costs caused by the use of right of withdrawal, shall be paid by the SELLER in case the product(s) are returned via the contracted courier company.
The product that is returned for any reason within the duration, if not sent with the contracted courier company, the delivery charges will be paid by the PURCHASER. To use the right of withdrawal; the SELLER should be notified within the 14 (fourteen) days duration via fax, phone or e-mail and the product should be suitable to the use of right of withdrawal stated on article 6, and the product should be as qualified as it could be resold. In case this right is used,
6.1. The invoice of the product that is delivered to the PURCHASER or a third person, (a corporate invoice should be issued for the sold product and the product should be sent along with it’s invoice while returning it. The order returns whose invoice is issued will not be completed in case RETURN INVOICE is issued),
6.2. Return form,
6.3. After the intention of use of right of withdrawal is notified, the returned products should be delivered to the product return address that is stated on article 1, with it’s package, cover and standard accessories if there is any, as complete and non-damages within 10 (ten) days. After the use of right of withdrawal notification is received by the SELLER, all payments done within the scope of the product will be refunded to the PURCHASER within 14 (fourteen) days.
While returning the product, the original invoice that is supplied to the PURCHSER during the purchase of the product also needs to be returned (for the consistency of the accounting records). It should be written “return invoice” on the invoice that will be returned with the product and signed by the PURCHASER. If the invoice is not returned with the product or at most within 5 (five) days to the SELLER, the return process will not be carried out and the product will be sent back to the PURCHASER as collect call.
Article – 7: PRODUCTS THAT ARE EXEMPT THE RIGHT OF WITHDRAWAL
In the scope of the Distance Contracts Regulations, Article 15 that is published on the official gazette on 27.11.2014; the below stated products are exempt the right of withdrawal.
7.1. The products whose prices change according to the market fluctuation and can not be controlled by the SELLER or provider.
7.2. Products that are prepared particularly for the PURCHASER’s wills or personal needs.
7.3. Products that could easily go off or the expiration date is short. ç) Products, in between the products whose protective elements such as package, tape, seal, cover is opened, that their return is not appropriate in the means of health and hygeen.
7.4. Contracts regarding the product that are mixed with other products after it’s delivery and can not be separated by it’s nature.
7.5. Products that are related with books, digital content and computer hardware materials after their protective elements such as package, tape, seal, cover is opened after it’s delivery.
7.6. Products that are related with periodical publication such as newspapers and magazines except the ones provided within the scope of subscription agreement.
7.7. Products that are related with recreation of the free time for entertainment and relaxation such as accommodation at particular dates, moving furnitures, car rental, food and drink supply.
7.8. Products that are carried out in electronic environment or intangible products that are instantly delivered to the PURCHASER.
7.9. Products that are carried out with the confirmation of the PURCHASER before the withdrawal right period ends.
Article – 8: AUTHORIZED COURTS
The consumer may consult regarding the complaints and objections to Turkish Republic Courts and Enforcement Offices Consumer Problems City and Province Arbitration Committees or to Consumer Court within the monetary limits that are defined by Ministry of Customs and Trade.