Distance Sales Agreement
2. DEFINITIONS In the implementation and interpretation of this Agreement, the terms written below shall denote the explanations provided next to them.
BUYER: The natural person who acquires, uses, or benefits from a Product or Service for non-commercial or non-professional purposes,
MINISTRY: The Ministry of Trade of the Republic of Turkey,
BANK: Licensed institutions established in accordance with Banking Law numbered 5411, Efya Cosmetics or Electronic Commerce Intermediary Service Provider: Efya Cosmetics Group Consultancy Communication and Sales Trade Joint Stock Company, which operates the Platform where the Seller offers the Product/Service for sale and acts as an intermediary for the establishment of distance contracts on behalf of the Seller,
SERVICE: The subject matter of any consumer transaction other than providing a Product against a fee or benefit, LAW: Law No. 6502 on Consumer Protection,
CARGO COMPANY: The contracted cargo or logistics company that ensures the delivery of the Product to the Buyer, and facilitates its return to the Seller or Efya Cosmetics by obtaining it from the Buyer during the return process, PRE-
INFORMATION FORM: The form prepared to inform the Buyer about the minimum requirements specified in the Regulation before the conclusion of the Agreement or before any offer is accepted by the Buyer,
PLATFORM: Efya Cosmetics' website and mobile application named Efya Cosmetics,
SELLER: The natural and/or legal person, including public legal entities, who offers a Product/Service to consumers for commercial or professional purposes, or acts on behalf of or for the account of the entity offering the Product/Service, and whose information is provided in Article 5 of the Agreement,
AGREEMENT: The agreement concluded between the Seller and the Buyer, EFYA COSMETICS DELIVERY POINT: Contracted merchant points, cargo branches, and chain stores where the Buyer can easily receive the Products purchased,
PRODUCT: Movable goods subject to purchase, immovable properties for residential or holiday purposes, and any kind of intangible property such as software, audio, visual, and similar intellectual property prepared for use in electronic media,
REGULATION: Regulation on Distance Contracts.
3.1. The subject matter of the Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law and the Regulation regarding the sale and delivery of the Product/Service ordered electronically by the Buyer on the Platform for the purchase of a Product/Service with the specified qualifications, and the Buyer's use of it for commercial or non-commercial purposes.
3.2. The conclusion of the Agreement shall not prevent the performance of the provisions of the contracts separately concluded between the Parties and Efya Cosmetics, and the Parties acknowledge, declare, and undertake that Efya Cosmetics is not a party to the sale of the Product/Service and the Agreement, and except for the obligations assigned to it within the framework of the Law and the Regulation regarding the performance of the Parties' obligations under the Agreement, it has no liability or commitment.
3.3. The following Product/Service sales are not within the scope of the Agreement in accordance with the legislation:
a) Financial services,
b) Sales made through automatic machines,
c) Use of the telephone with public access through telecommunications operators, d) Services related to betting, lotteries, raffles, and similar games of chance,
e) Formation, transfer, or acquisition of real estate or rights related to such properties,
f) Rental of residential properties,
g) Package tours,
h) Time-sharing, time-sharing holiday, long-term holiday services, and their resale or exchange,
i) Delivery of daily consumer goods such as food and beverages to the consumer's residence or place of business within the framework of regular deliveries by the seller,
j) Passenger transportation services,
k) Assembly, maintenance, and repair of products,
l) Nursing home services, family support services such as child, elderly, or patient care,
m) Value-added electronic communication services provided simultaneously via short message and not including subscription, donations within the scope of Law No. 2860 dated 23/6/1983 on Collection of Aid, and value-added electronic communication services provided by public institutions
4. BUYER'S PRE-INFORMED MATTERS
The Buyer acknowledges, declares, and undertakes that before creating the order and establishing the Agreement, he/she has been correctly and completely informed about all matters related to the conclusion and implementation of the Agreement, including but not limited to those listed below, through the relevant pages and sections of the Platform, the Agreement, the Pre-Information Form, and other means:
a) The basic qualities of the Product/Service,
b) The name or title, MERSIS number or tax identification number, and contact information along with other identifying information of the Seller,
c) Appropriate tools-methods for correcting incorrectly entered information during the purchase process of the Product/Service from the Platform,
d) The Professional Chamber to which the Seller belongs (Istanbul Chamber of Commerce) and the electronic communication information through which information on the professional behavior rules prescribed by the Chamber can be obtained ( www.ito.org.tr),
e) The scope of the privacy, data usage-processing, and electronic communication rules applicable to Buyer information implemented by Efya Cosmetics, as well as the Buyer's legal rights, the Seller's rights, and the procedures for exercising the rights of the Parties in this regard,
f) Shipping restrictions envisaged by the Seller for the Product/Service,
g) Accepted payment methods-tools for the Product/Service, the total sales price including taxes for the Product/Service, h) Information about the procedures for delivery of the Product/Service to the Buyer and additional expenses such as transportation-delivery-cargo costs,
i) Other payment/collection and delivery information and duration related to the Product/Service, as well as other information about the performance of the Agreement and the responsibilities of the Parties in these matters,
j) Information on when the Buyer cannot exercise the right of withdrawal, or conditions under which the right may be lost, including non-use of the right within the specified period,
k) Conditions, duration, and procedure for exercising the Buyer's right of withdrawal in cases where the right of withdrawal exists, information about the Courier Company designated by the Seller for returns, and all financial matters (including refund method and expenses, refund of the total contract price, and discounts and offsets that may be made due to reward points earned/used by the Buyer during the return),
l) Clear address, fax number, or email information for notifying withdrawal,
m) Deposits or other financial guarantees that the consumer may need to pay or provide upon the Seller's request, and the terms thereof,
n) Information on technical protection measures that may affect the functionality of digital content, if any,
o) Details of the conditions for benefiting from various opportunities that may be applied from time to time on the Platform (special conditions),
p) Information about the hardware or software with which the digital content can work, which the Seller knows or reasonably should know,
q) Information that all sales conditions included in the Agreement and the relevant legislation will be sent to the Buyer electronically via email upon confirmation by the Buyer on the Platform and can be accessed by the Buyer from his/her membership account, and
r) Information that in case of disputes, the Buyer may apply to the Consumer Court or Consumer Arbitration Committee.
*Exceptions specified in the Agreement and relevant legislation are reserved. **The specified period is not a commitment to delivery but indicates the time of delivery to the courier company by the seller.
5. GENERAL PROVISIONS
5.1. The Seller undertakes to deliver the Product/Service complete, in accordance with the specified qualities in the order, and, if any, along with warranty documents, user manuals, and other information and documents that must be delivered with the Product/Service according to the legislation.
5.2. The Product shall be delivered to the address specified by the Buyer on the Platform by the Courier Company within the committed delivery period and in any case not exceeding the legal period of 30 (thirty) days. In case the Seller fails to fulfill its obligation within this period, the Buyer may terminate the Agreement. However, in sales of Products/Services prepared according to the Buyer's request or personal needs, the delivery period may exceed the aforementioned 30 (thirty) days. Additionally, for Products/Services indicated as "Pre-Order" or "Made-to-Order" status, the delivery period may also exceed 30 (thirty) days. In such cases, the Buyer shall not be entitled to terminate the Agreement due to the non-delivery of the Product/Service within 30 (thirty) days, as the Product/Service is made-to-order or pre-ordered according to the Buyer's request or personal needs.
5.3. The Seller dispatches and delivers the Product through the Courier Company to the Buyer. If there is no branch of the Courier Company in the location of the Buyer, the Buyer must pick up the Product from another nearby branch of the Courier Company notified by the Seller.
5.4. If the Buyer chooses to have the Product delivered to the Efya Cosmetics Delivery Point during the ordering process, the Product will be delivered to the delivery point chosen by the Buyer by the Courier Company within the committed period and in any case within 30 (thirty) days. After the Product is left at the Efya Cosmetics Delivery Point, the Buyer will pick up the Product within 3 (three) days upon receiving the code sent to the phone number registered in the delivery address information.
5.5. If the Buyer fails to receive the Product/Service for any reason, it will be deemed that the Buyer has returned the Product/Service. In this case, all payments collected from the Buyer, including delivery expenses if any, will be refunded to the Buyer within the legal period.
5.6. The Seller shall not be liable for any damages and expenses arising from the late or non-receipt of the Product/Service by the Buyer or the third party designated by the Buyer at the time of delivery.
5.7. Unless otherwise stated, the delivery expenses of the Product/Service shall be borne by the Buyer. If the Seller declares on the Platform that the delivery fee will be covered by itself, the delivery expenses shall be borne by the Seller.
5.8. Before the expiration of the performance obligation arising from the Agreement, the Seller may procure an equivalent Product/Service by informing the Buyer via the Platform and obtaining explicit consent from the Buyer.
5.9. In cases where the performance of the Product/Service becomes impossible, the Seller must notify the Buyer in writing or through data storage within 3 (three) days from the date the Seller learns of this situation, and must refund all payments collected, including delivery expenses, within 14 (fourteen) days at the latest from the notification date. The non-availability of the Product/Service in stock shall not be considered as making the performance of the Product/Service impossible.
5.10. The Buyer shall inspect the Product before accepting it; the Buyer shall not accept damaged, defective, or incomplete Products/Services. The accepted Product/Service shall be deemed undamaged and intact. The obligation to carefully protect the Product after delivery shall belong to the Buyer. If the right of withdrawal is to be exercised, the Product/Service must not be used, and it must be returned together with all other documents transmitted to the Buyer during delivery (e.g., warranty certificate, user manual).
5.11. The Buyer is obliged to pay the price of the Agreement, and accepts, declares, and undertakes that the non-payment of the price of the Agreement and/or the cancellation of the price in the Bank records will terminate the Seller's obligation to deliver the Product/Service and other obligations arising from the Agreement. The Buyer also accepts, declares, and undertakes that the Seller shall not be liable for any payments made by the Bank to the Seller despite the Bank sending a failed code for any reason.
5.12. If the price of the Agreement is not paid to the Seller by the Bank due to unauthorized use of the Buyer's credit card by unauthorized persons after the delivery of the Product, the Buyer undertakes to return the Product to the Seller within 3 (three) days, and the return expenses shall be borne by the Buyer.
5.13. In cases where a refund of the price is required to be made to the Buyer for any reason under the Agreement, the Buyer acknowledges, declares, and undertakes that if the payment was made by credit card, the average process for the amount refunded by the Seller to the Bank to be reflected in the Buyer's accounts may take 2 (two) to 3 (three) weeks, and that the full responsibility for this process lies with the Bank, and the Buyer cannot hold Efya Cosmetics and the Seller responsible for any possible delays.
5.14. If the holder of the credit card used during the order is not the same person as the Buyer or if a security vulnerability related to the credit card used in the order is detected before the Product/Service is delivered to the Buyer, the Buyer may be requested to provide identity and contact information of the credit card holder and/or the previous month's statement of the credit card used in the order or a letter from the Bank stating that the credit card belongs to the cardholder. In such cases, the order will be put on hold until the requested information/documents are provided by the Buyer, and if the requested information is not provided within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.
5.15. If the Buyer chooses to pay the price of the Agreement via Efya Cosmetics Wallet and exercises the right of withdrawal related to this order, the refund of the price due to the right of withdrawal can only be made to the Efya Cosmetics Wallet at once.
5.16. In case of the delivery of unordered Product/Service, no rights can be claimed against the Buyer. In such cases, the Buyer's silence or the use of the Product/Service will not be construed as acceptance of the contract.
5.17. The quantity of Products/Services that the Buyer can order may be restricted through announcements made on the Platform. If the Buyer attempts to order more than the quantity specified in the announcements made on the Platform, the order may be prevented, and if it is determined that the Buyer has placed an order exceeding the specified quantity after placing the order, the orders exceeding the specified quantity may be canceled, and all payments collected, including delivery expenses if any, will be refunded to the Buyer within the legal period. By accepting these provisions, the Buyer acknowledges, declares, and undertakes that he/she understands that orders exceeding the quantity limit may be prevented and canceled, and declares his/her acceptance of this.
5.18. Orders that the Seller cannot fulfill for any reason may be transferred to another seller, provided that the legal delivery period specified in the legislation is not exceeded and the Product/Service has the same
5.19. The Buyer, acting as a consumer, may submit requests, complaints, and suggestions using the Seller's contact information provided above and/or through the channels provided by the Platform.
6.SPECIAL TERMS
6.1. Unless otherwise specified, the Buyer can shop from multiple boutiques in a single basket on the Platform. For each item purchased from different boutiques within the same basket, the Seller may issue multiple invoices. It should be noted without any doubt that, provided that the Seller complies with the legal delivery period, the Seller may deliver the Products/Services purchased by the Buyer from different boutiques at different times.
6.2. If the Buyer selects the corporate invoice option when placing an order, the Seller will issue a corporate invoice using the tax identification number and tax office information provided by the Buyer through the Platform. It is entirely the Buyer's responsibility to ensure that the required information for the invoice is entered correctly, updated, and complete, and therefore, the Buyer is solely responsible for any damages that may arise.
6.3. In case of payment by credit card through the Platform, the Bank may organize campaigns whereby a higher number of installments than the one selected by the Buyer or additional services such as installment deferral may be applied. Such campaigns are at the discretion of the Bank. The total amount of the order will be divided into installments by the Bank and reflected on the credit card statement of the Buyer starting from the statement date of the credit card. The Bank may not distribute installment amounts equally to months, taking into account fractional differences. The creation of detailed payment plans is at the discretion of the Bank.
6.4. Digital products are not suitable for physical delivery and will be delivered according to the conditions specified for the product type. The regulations applicable to physical products, such as delivery methods, stated in the contract, will not apply to digital products, and the provisions in these articles will be interpreted to be applicable to the conditions and explanations specified in the product terms to the extent possible.
6.5. In case the ordered Product is an electric motorcycle, it is not possible to return it through the Platform after installation or after registration and licensing.
6.6. The Products/Services offered for sale on the Platform may only be delivered to limited locations (province/district/region) determined by the Seller, and orders cannot be placed/purchases cannot be made if the Buyer selects a delivery address outside of the locations determined by the Seller during the order process.
6.7. In orders related to "Earthquake Relief Campaign" and similar campaigns and assistance operations coordinated with official public institutions and organizations of the Republic of Turkey (e.g., box assistance, etc.), pursuant to Article 15/1-h of the Distance Contracts Regulation, the right of withdrawal cannot be exercised.
7.PROTECTION OF PERSONAL DATA AND INTELLECTUAL-INDUSTRIAL RIGHTS
7.2. The Buyer is obliged to ensure that the personal data provided within the scope of this Agreement is accurate, complete, and up-to-date, to not share this information with third parties, to take necessary measures, including protection against viruses and similar harmful applications, to prevent unauthorized access, and to ensure the security of such personal data. Otherwise, the Buyer acknowledges, declares, and undertakes to be directly responsible for any damages and claims from third parties.
7.3. All intellectual and industrial property rights, including but not limited to all copyrights, trademarks, and patents related to any information and content on the Platform, as well as their organization, revision, and partial/complete use, except those belonging to third parties according to the agreement with the Seller, belong to Efya Kozmetik.
8. RIGHT OF WITHDRAWAL
8.1. The Buyer has the right to withdraw from the Contract within 15 (fifteen) days without stating any reason and without paying any penalty.
8.2. The withdrawal period starts on the day the Contract is concluded for the Service; for the Product, it starts on the day the Buyer or the third party designated by the Buyer receives the Product. However, the Buyer may also exercise the right of withdrawal during the period from the conclusion of the Contract to the delivery of the Product.
8.3. In determining the withdrawal period:
a) In the case of Products delivered separately despite being subject to a single order, the day the Buyer or the third party designated by the Buyer receives the last Product is considered,
b) In the case of Products consisting of multiple parts, the day the Buyer or the third party designated by the Buyer receives the last part is considered,
c) In cases where the Product is regularly delivered over a specified period, the day the Buyer or the third party designated by the Buyer receives the first Product is considered.
10.4. In cases where the delivery of the Product and the performance of the Service are together, the provisions regarding the right of withdrawal concerning the delivery of the Product shall apply.
10.5. The Seller;
a) If the Buyer exercises the right of withdrawal before the delivery of the Product or the performance of the Service, from the date the notification of withdrawal is received,
b) If the Buyer exercises the right of withdrawal after the delivery of the Product, from the date the notification of withdrawal is received, provided that the payment has not been transferred to the Seller, or from the date the Product subject to the right of withdrawal is delivered to the designated Courier Company for return, or if returned with a Courier Company other than the designated one, from the date it reaches the Seller,
c) If the Buyer terminates the Contract due to the failure to deliver the order within the legal period, from the date the termination notice is received,
within 15 (fifteen) days, is responsible for refunding the Contract price and delivery expenses to the Buyer.
8.6. It is a condition that the withdrawal notification and other notifications regarding the Contract must be made to Efya Kozmetik and/or the Seller through the communication channels specified on the Platform, in compliance with the legislation and within the specified period. Communication channels where the withdrawal notification will be made are accessible from Efya Kozmetik's communication.
8.7. In case of exercising the right of withdrawal:
a) The Buyer returns the Product to the Seller via the Courier Company within 14 (fourteen) days from the date of exercising the right of withdrawal.
b) In the context of the right of withdrawal, the Product box, packaging, standard accessories if any, and other Products given as gifts with the Product, if any, must be returned intact and undamaged.
8.8. The Buyer is not responsible for any changes or deterioration that may occur if the Product is used in accordance with its functioning, technical specifications, and usage instructions within the withdrawal period.
8.9. Within 14 (fourteen) days following the exercise of the right of withdrawal, the Contract amounts are refunded to the Buyer by the same payment method used by the Buyer. When returning the Product/Service to the Seller, the original invoice presented to the Buyer during the delivery of the Product/Service must also be returned by the Buyer. If the Buyer requests a corporate invoice, the Buyer must issue a return invoice for the relevant Product/Service or, if possible, reject the commercial invoice from their own systems within the specified period.
8.10. If the Buyer sends the Product/Service to the Seller's Courier Company, the return shipping fee belongs to the Seller as long as the Buyer sends it with the Courier Company specified in the Pre-Information Form. If there is no Courier Company branch of the Seller where the Buyer is located, the Seller is responsible for the return shipping fee and any damage that may occur during the shipping process.
8.11. The Buyer must exercise the right of withdrawal within the specified period and procedures; otherwise, the right of withdrawal will be lost.
9.CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
9.1. The Buyer cannot exercise the right of withdrawal in the following contracts:
a) Contracts related to goods or services whose price fluctuates depending on financial market fluctuations and which are not under the control of the Seller or Efya Kozmetik,
b) Contracts related to goods prepared according to the consumer's wishes or personal needs,
c) Contracts related to the delivery of perishable or expired goods,
d) Contracts related to the delivery of goods whose protective elements such as packaging, tape, seal, package, etc., have been opened after delivery; those which are not suitable for return due to health and hygiene reasons,
e) Contracts related to goods mixed with other products after delivery and cannot be separated due to their nature,
f) Contracts related to digital content provided in a tangible medium such as books, digital content, and computer consumables provided in a physical environment after the delivery of the Product,
g) Contracts related to the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement,
h) Contracts related to services to be performed on a specific date or period, such as accommodation, goods transportation, car rental, food and beverage supply, and the evaluation of leisure or recreation time,
i) Contracts related to services performed instantly in electronic environment and non-material goods delivered instantly to the Buyer,
j) Contracts related to services for which performance has commenced with the approval of the Buyer before the expiration of the withdrawal period,
the right of withdrawal cannot be exercised; for these orders, return code cannot be generated on the Platform.
9.2. If the Product/Service consists of types of goods/services excluded from the scope of the Regulation (listed in Article 3.3 of the Contract), the right of withdrawal cannot be exercised due to the inability to apply the provisions of the Regulation to the legal relationship between the Buyer and the Seller; for these orders, return code cannot be generated on the Platform.
9.3. In cases where electronic codes are purchased through the Platform, the right of withdrawal pursuant to the Regulation will not apply to the relevant orders. For these orders, return code cannot be generated on the Platform.
10. RESOLUTION OF DISPUTES
10.1. In the implementation of the Contract, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Product/Service and resides are authorized, in accordance with the values announced by the Ministry.
11.NOTIFICATIONS and EVIDENCE AGREEMENT
11.1. All kinds of correspondence between the Parties under the Contract, except for the mandatory cases stipulated in the legislation, will be made in writing.
11.2. The Buyer acknowledges, declares, and undertakes that Efya Kozmetik's and the Seller's commercial books, computers, records, and other documents will be binding, final, and exclusive evidence in any disputes arising from the Contract, and this provision is considered as an evidence agreement within the meaning of Article 193 of the Civil Procedure Code.
12.EFFECTIVENESS
12.1. The Contract consisting of 14 (fourteen) articles has been concluded and entered into force by the Parties by being read and approved electronically by the Buyer on the transaction date. A copy of the Contract is available in the Buyer's membership account