ARTICLE 1 SUBJECT OF THE AGREEMENT AND PARTIES
1.1. This agreement determines the rights, obligations and liabilities of the parties pursuant to the provisions of Legislation regarding the Application Principles and Procedures of Long-term agreements and also the No. 6502 Law on the Protection of Consumers about the sales and home delivery of the products and services by the BUYER with below mentioned detailed information provided via Molina of the web site www.minevital.com (hereinafter referred to as Minevital).
1.2. The BUYER accepts and declares that he/she knows the basic qualifications of the products or services subject to sale, sales price, form of payment, all the preliminary information about the products and services subject to the sale and also the right of “withdrawal” and verifies such preliminary information in electronic environment. The preliminary information and billing data specified on the payment page at minevital.com website is an integral part of this agreement.
1.3. SELLER’S INFORMATION
Address: Molina Laboratories (G&M Consultant) Atatürk Mah. Sülün Cad. No: 21 D: 5 Cesur Apt. 34758 Ataşehir / İstanbul
E-mail: [email protected]
ARTICLE 2 DATE OF THE AGREEMENT
2.1. This agreement is valid as soon as the BUYER has completed his/her order on minevital.com website and the payment of the order has been transferred to the accounts of Minevital
ARTICLE 3 PRODUCTS AND SERVICES SUBJECT TO THE AGREEMENT
3.1. Details of the products and services ordered by the BUYER, cash sale prices including the taxes and the quantity information are stated before making the payment. All of the products listed in the table before the payment are hereinafter defined as PRODUCT.
ARTICLE 4 DELIVERY OF THE PRODUCTS
4.1. The products shall be delivered to the delivery address specified by the BUYER on minevital.com or to the person/organization indicated at the address indicated by him, in the latest 7 working days and as packed in its safe and good condition.
4.2. The SELLER shall not be held liable for a delivery that is not accepted by the person/organization to be delivered provided that the PRODUCT shall be delivered to a third person/organization as specified by the BUYER.
4.3. The BUYER is responsible for checking the cargo packages and for not accepting in case a problem is observed, and for having the representative of the CARGO company a statement down. Otherwise the SELLER will not accept any responsibilities.
ARTICLE 5 PAYMENT TYPE
5.1. Since the forward sales are only made by credit cards, the BUYER accepts, declares and undertakes that he/she will confirm the interest rates related to the payment and the default interests of the bank and the provisions related to the interest and default interest to be applied within the scope of the credit card agreement between the Bank and the buyer. The instalment/forward payment opportunities provided by the institutions giving credit card, instalment card etc. such as the banks and the finance institutions is an instalment payment opportunity provided by a credit and/or directly by the said institution and the PRODUCT sales realized within this framework of which the payment is completely collected by the SELLER are not counted as an installment sale in terms of the parties of this Agreement. The legal rights of the SELLER in cases deemed to be sold by the law in installments (including the right to terminate the agreement and/or the payment of the remaining debt together with the default interest in case any of the installments are not paid) are available and reserved. In case of default of the BUYER, a default interest of 5% per month is applied.
ARTICLE 6 GENERAL PROVISIONS
6.1. The BUYER accepts that he/she is aware of the basic qualifications, sales price and payment method and the preliminary information about the delivery of the products shown on minevital.com and gives the necessary confirmation for the sale in electronic environment.
6.2. The BUYER verifies that by confirming this agreement in electronic environment, before the execution of long-distance agreements, the address to be given by the SELLER to the BUYER, the basic features of the products ordered, the price of the products including the taxes, payment and delivery information are obtained correctly and completely.
6.3. The SELLER is responsible for the delivery of the product subject to the agreement in full, in accordance with the specifications defined in the order.
6.4. If the SELLER fails to fulfill the contractual obligations regarding that the execution of the product or service subject to the order becomes impossible, this situation should be notified to the BUYER before the expiry of the period of the contractual performance obligation.
6.5. For the delivery of the product subject to the agreement, the signed copy of this agreement must be delivered to the SELLER and the price has to be paid in the form of payment as preferred by the BUYER. If, for any reason, the price of the product is not paid or canceled in the bank records, the SELLER should be deemed to have been discharged from his/her obligation to deliver the product.
6.6. If for any reason after the delivery of the product, the Bank / finance institution of which the credit card belongs does not make the payment of the PRODUCT to the SELLER, SELLER reserves all other contractual legal rights of the SELLER including the follow-up of the PRODUCT amount. 6.8. If the product cannot be delivered within 10 days due to extraordinary circumstances (such as weather conditions, earthquake, flood, fire etc.) and in case the delay exceeds 10 days, the SELLER informs the BUYER about the delivery. In this case the BUYER can cancel the order, order a similar product, or wait until the end of the extraordinary situation. In case of order cancellations, if the price of the PRODUCT is collected, it is returned to the BUYER within 10 days as of the date of cancellation. In case the payment is done by a credit card, the refund process is made to the credit card.
ARTICLE 7 – RIGHT OF WITHDRAWAL
There is no right of withdrawal for the products ordered.
ARTICLE 8 – EVIDENCE AGREEMENT AND COMPETENT COURT
8.1. Regarding the resolution of the disputes that may arise from this Agreement and/or the execution of this agreement, the records of the SELLER (including the records in magnetic environment such as computer sound records etc.) form the final evidence and Arbitration Committee for Consumer Problems are authorized up to the value published by the Ministry of Customs and Trade, and Consumer Courts and Enforcement Offices are authorized in case the specified values are added.
8.2. The BUYER accepts, declares and undertakes that he/she has read all the conditions and explanations written in the order form which constitutes the integral part of this agreement, has received all the preliminary information and sales conditions, and has examined and accepted all of them.