1. PARTIES
This Distance Sales Contract ("Contract") has been established electronically between the Buyer and the Seller within the framework of the terms and conditions set forth below. The Buyer and the Seller shall be collectively referred to as the “Parties” and individually as a “Party” within the scope of the Contract.
2. DEFINITIONS
In the implementation and interpretation of the Contract, the terms written below shall express the written explanations opposite them.
| BUYER | The natural person who acquires, uses, or benefits from a Good or Service for non-commercial or non-professional purposes, |
| Ministry | The Ministry of Trade of the Republic of Turkey, |
| Bank | Licensed institutions established pursuant to Banking Law No. 5411, |
| TraceNet or Electronic Commerce Intermediary Service Provider | TraceNet İlaç Sanayi ve Tic. Ltd. Şti., which operates the Platform where the Seller offers the Product/Service for sale with the system it created and mediates the establishment of distance contracts on behalf of the Seller, |
| Service | The subject of any consumer transaction other than providing Products, which is performed or committed to be performed in return for a fee or benefit, |
| Law | The Law on the Protection of the Consumer No. 6502, |
| Cargo Company | The contracted cargo or logistics company that ensures the delivery of the Product to the Buyer, and in return processes, ensures it is taken from the Buyer and delivered to the Seller or TraceNet, |
| Preliminary Information Form | The form prepared to inform the Buyer about the minimum matters specified in the Regulation before the Contract is established or any corresponding offer is accepted by the Buyer, |
| Platform | The website named www.tracenet.com.tr and the mobile application belonging to TraceNet, |
| Seller | The natural and/or legal person, including public legal entities, who offers Products/Services to the consumer for commercial or professional purposes or acts on behalf of or on account of the Product/Service provider and whose details are found in Article 5 of the Contract, |
| Contract | The Contract concluded between the Seller and the Buyer, |
| Product | Movable goods subject to shopping, immovable properties for residential or holiday purposes, and software, audio, video, and similar intangible goods prepared for use in the electronic environment, |
| Regulation | Refers to the Distance Contracts Regulation. |
3. SUBJECT AND SCOPE OF THE CONTRACT
3.1. The subject of the Contract is the determination of the rights and obligations of the Parties pursuant to the provisions of the Law and Regulation regarding the sale and delivery of the Product/Service possessing the qualifications specified in the Contract, which the Buyer has ordered electronically for the purchase of the Product/Service on the Platform. The Parties accept, declare, and undertake that they know and understand their obligations and responsibilities arising from the Law and Regulation under the Contract.
3.2. The conclusion of the Contract shall not prevent the performance of the provisions of the contracts that the Parties have separately concluded with TraceNet, and the Parties accept, declare, and undertake that TraceNet is not a party to the sale of the Product/Service and the Contract in any way and has no responsibility or commitment regarding the Parties' fulfillment of their obligations under the Contract, except for those imposed on it within the framework of the Law and Regulation.
3.3. Pursuant to the legislation, the following Product/Service sales are not within the scope of the Contract.
a) Financial services,
b) Sales made through automatic vending machines,
c) Use of this phone with telecommunication operators via public telephone,
d) Services related to betting, sweepstakes, lotteries, and similar games of chance,
e) Formation, transfer, or acquisition of immovable properties or rights related to these properties,
f) Housing rental,
g) Package tours,
h) Timeshare, long-term holiday service, and their resale or exchange,
i) Delivery of daily consumption items such as food and beverages to the consumer's residence or workplace within the framework of the seller's regular deliveries,
j) Passenger transport services,
k) Assembly, maintenance, and repair of products,
l) Social services aimed at supporting families and individuals, such as nursing home services, child, elderly, or sick care.
m) Value-added electronic communication Services established via short message and fully performed simultaneously without subscription, and donations within the scope of the Law on Collection of Aid dated 23/6/1983 and numbered 2860, and value-added electronic communication services offered by public institutions.
4. MATTERS ON WHICH THE BUYER IS INFORMED IN ADVANCE
The Buyer accepts, declares, and undertakes that before the creation of the order and the establishment of the Contract, they have been informed accurately and completely about all matters related to the conclusion and implementation of the Contract, including those listed below, through both the relevant pages and sections of the Platform, the Contract, the Preliminary Information Form, and other means, and that they have read and understood them.
a) Basic characteristics of the Product/Service,
b) The Seller's name or title, MERSIS number or tax identification number and contact information, and other introductory information,
c) Sales transaction stages during the purchase of the Product/Service from the Platform and appropriate tools-methods for correcting incorrectly entered information,
d) Information on the Professional Chamber (ITO-Istanbul Chamber of Commerce) of which the Seller is a member and electronic contact information where information on the code of conduct prescribed by ITO regarding the profession can be obtained (Phone: 444 0 486, www.ito.org.tr)
e)Privacy, data use-processing, and electronic communication rules applied by TraceNet for Buyer information and the scope of permissions given by the Buyer to TraceNet on these matters, the Buyer's legal rights, the Seller's rights, and the procedures for the Parties to exercise their rights,
f) Shipping restrictions envisaged by the Seller for the Product/Service,
g) Payment methods-means accepted for the Product/Service, total sales price of the Product/Service including taxes,
h) Procedures regarding the delivery of the Product/Service to the Buyer and information about additional costs such as shipping-delivery-cargo costs,
i) Other payment/collection and delivery information and duration related to the Product/Service and other information regarding the performance of the Contract and the responsibilities of the Parties in these matters,
j) Information regarding cases where the Buyer cannot exercise the right of withdrawal, that they cannot benefit from this right, or under which conditions they will lose this right, including not using the right within the period,
k) Conditions, duration, and procedure for exercising the right of withdrawal in cases where the Buyer has this right, information regarding the Cargo Company foreseen by the Seller for return, and all financial matters (including return method and cost, refund of the Contract price, and discounts and deductions that may be made due to reward points earned/used by the Buyer during the return),
l) Clear address, fax number, or electronic mail information where the withdrawal notification will be made,
m) Upon the Seller's request, deposits or other financial guarantees that must be paid or provided by the consumer, if any, and conditions regarding these,
n) Technical protection measures that may affect the functionality of digital content, if any,
o) Details of the conditions (special conditions) for benefiting from various opportunities that may be applied on the Platform from time to time,
p) Information regarding which hardware or software the digital content can work with, which the Seller knows or is reasonably expected to know,
q) Information that all other sales conditions included in the Contract according to its nature and the Contract will be sent to the Buyer via electronic mail upon the Buyer's request after the Contract is established by the Buyer's approval on the Platform, and that the Contract can be accessed by the Buyer from their membership account,
r) Information that the Buyer can make their applications to the Consumer Court or Consumer Arbitration Committee in case of disputes.
5. BUYER, SELLER, ELECTRONIC COMMERCE INTERMEDIARY SERVICE PROVIDER AND INVOICE INFORMATION
6. PRODUCT/SERVICE INFORMATION
6.1. The basic characteristics of the Product/Service (type, quantity, brand/model, color, number, price) are available on the Platform and can be examined in detail via the Platform.
6.2.All amounts to be paid in return for the Product/Service (sales price including all taxes, shipping fee, installment difference amount, total discount amount earned in shopping performed simultaneously from the open market and/or other boutiques, etc.) are shown in the table below.
*Exceptions contained in the Contract and relevant legislation provisions are reserved.
**The specified time is not a commitment of delivery; it expresses the time for delivery to the cargo company by the seller.
6.3.THE PRODUCT PRICE IN QUESTION IS COLLECTED FROM THE BUYER BY TraceNet ON BEHALF OF THE SELLER WITHIN THE SCOPE OF "TraceNet BUYER ASSURANCE". BY PAYING THE PRICE OF THE GOODS TO TraceNet, THE BUYER WILL BE DEEMED TO HAVE PAID THE PRODUCT PRICE TO THE SELLER AND WILL NOT BE UNDER ANY FURTHER PAYMENT OBLIGATION. THE BUYER'S RETURN RIGHTS WITHIN THE SCOPE OF THE RELEVANT LEGISLATION ARE RESERVED.
7. GENERAL PROVISIONS
7.1. The Seller accepts, declares, and undertakes to deliver the Product/Service completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and other information and documents required to be delivered with the Product/Service as per legislation.
7.2. The Product is delivered to the Buyer or the third person determined by the Buyer by the Cargo Company to the delivery address specified by the Buyer on the Platform, within the committed delivery time and in any case not exceeding the legal period of 30 (thirty) days. If the Seller fails to fulfill its performance within this period, the Buyer may terminate the Contract. However, in Product/Service sales prepared in line with the Buyer's request or personal needs, the delivery time may exceed the relevant 30 (thirty) days. Additionally, for Products/Services where the order status is specified as "Pre-Order" or "Production Upon Order", the delivery time may exceed 30 (thirty) days, and the Buyer shall not be able to terminate the Contract due to the delivery not being made within 30 (thirty) days when purchasing a Product/Service with "Production Upon Order" or "Pre-Order" status prepared in line with the Buyer's request or personal needs.
7.3. The Seller sends and has the Product delivered to the Buyer via the Cargo Company. If the Cargo Company does not have a branch in the location where the Buyer is located, the Buyer must receive the Product from another nearby branch of the Cargo Company notified by the Seller.
7.4. If the Buyer fails to receive the Product/Service for any reason, the Buyer shall be deemed to have returned the Product/Service, and in this case, all payments collected from the Buyer, including delivery costs if any, shall be returned to the Buyer within the legal period.
7.5. The Seller is not responsible for damages and expenses arising from the Buyer receiving the Product/Service late and/or not receiving it at all in the event that the Buyer or the third person determined by the Buyer is not at the address at the time of delivery.
7.6. Delivery costs of the Product/Service belong to the Buyer unless there is a provision to the contrary. If the Seller has declared on the Platform that the delivery fee will be covered by them, the delivery costs will belong to the Seller.
7.7. The Seller may supply an equivalent Product/Service by informing the Buyer via the Platform and obtaining their explicit approval before the performance obligation arising from the Contract expires.
7.8. In cases where the fulfillment of the Product/Service performance becomes impossible, the Seller is obliged to notify the Buyer of this situation in writing or via a permanent data carrier within 3 (three) days from the date of learning of this situation and to return all collected payments, including delivery costs if any, within 14 (fourteen) days at the latest from the notification date. The situation of the Product/Service not being in stock is not accepted as the impossibility of fulfilling the Product/Service performance.
7.9. The Buyer shall inspect the Product before receiving it; they shall not accept damaged, defective, or incomplete Product/Service such as dented, broken, torn packaging, etc. The received Product/Service shall be deemed to be undamaged and intact. The obligation to protect the Product carefully after delivery belongs to the Buyer. If the right of withdrawal is to be used, the Product/Service must not be used, and it must be returned together with the Product/Service invoice and all other documents delivered to the Buyer during delivery (e.g., warranty certificate, user manual, etc.).
7.10. The Buyer is obliged to pay the price subject to the Contract and accepts, declares, and undertakes that if the price subject to the Contract is not paid for any reason and/or is cancelled in Bank records, the Seller’s obligation to deliver the Product/Service and other obligations arising from the Contract shall terminate. The Buyer accepts, declares, and undertakes that the Seller has no liability regarding payments made by the Bank to the Seller despite a failure code being sent by the Bank for any reason.
7.11. The Buyer accepts, declares, and undertakes that if the price subject to the Contract is not paid to the Seller by the relevant Bank as a result of the unfair use of the Buyer’s credit card by unauthorized persons after the delivery of the Product, the Buyer shall return the Product to the Seller within 3 (three) days with the return costs belonging to the Buyer.
7.12. In cases where a price refund needs to be made to the Buyer for any reason within the scope of the Contract, if the Buyer has made the payment by credit card, the Buyer accepts, declares, and undertakes that the average process for the amount returned to the credit card by the Seller to be reflected to the Buyer's account by the bank may take 2 (two) to 3 (three) weeks, that the reflection of this amount to the Buyer's accounts after its return to the Bank by the Seller is entirely related to the Bank transaction process, that the Bank is responsible for possible delays, and that they cannot hold TraceNet and the Seller responsible for these.
7.13. If the Buyer and the holder of the credit card used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the Product/Service to the Buyer, the Buyer may be requested to present the identity and contact information regarding the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the Bank stating that the credit card belongs to the cardholder. The order will be frozen during the time it takes for the Buyer to provide the information/documents subject to the request, and if the said requests are not met within 24 (twenty-four) hours, the Seller has the right to cancel the order.
7.14. Restrictions may be placed on the Product/Service quantities that the Buyer can order through announcements made on the Platform. If the Buyer wishes to order Products/Services above the quantity specified in the announcements made on the Platform, their ordering may be prevented, or if it is determined that they have ordered above the specified quantity after placing the order, the orders above the specified quantity may be cancelled, and in this case, all collected payments, including delivery costs if any, regarding the cancelled orders will be returned to the Buyer within the legal period. The Buyer accepts, declares, and undertakes that they created their order by accepting these matters and that their orders exceeding the quantity limit may be prevented and cancelled.
7.15. Orders that the Seller cannot supply for any reason may be transferred to another seller upon obtaining the Buyer's approval, provided that the legal delivery period in the legislation is not exceeded and the Product/Service has the same characteristics. In such a case, the Product/Service will be sent to the Buyer by the new seller, and the Contract will be established between the new seller and the Buyer. In this case, no additional price, fee, and/or expense will be reflected to the Buyer.
8. SPECIAL CONDITIONS
8.1. Unless stated otherwise, the Buyer will be able to shop from multiple boutiques in a single basket on the Platform. Multiple invoices may be issued by the Seller for each Product/Service purchased from different boutiques within the same basket. For the avoidance of doubt, it should be noted that the Seller may perform the delivery of Products/Services purchased by the Buyer from different boutiques at different times, provided that it remains within the legal period in the legislation.
8.2. In the event that the Buyer selects the corporate invoice option in the orders they place, the Seller shall issue a corporate invoice using the tax identification number and tax office information to be notified by the Buyer via the Platform. Entering the information required to be on the invoice correctly, up-to-date, and completely is entirely the Buyer’s responsibility, and the Buyer is personally responsible for all damages that may arise for this reason.
8.3. In case payment is made via credit card on the Platform, campaigns may be organized by the Bank, and a number of installments higher than the number of installments selected by the Buyer may be applied, or additional services such as installment postponement may be offered. Such campaigns are at the discretion of the Bank. Starting from the account cut-off date of the Buyer's credit card, the order total will be divided by the number of installments and reflected on the credit card statement by the Bank. The Bank may not distribute installment amounts equally across months, taking into account fractional differences. The creation of detailed payment plans is at the discretion of the Bank.
8.4. In case payment is made via Shopping Credit on the Platform, since this option is offered to Buyers who are customers of the relevant Bank, the Buyer accepts, declares, and undertakes that they can confirm the interest rates and default interest information applicable to them from their bank, and that pursuant to the legislation in force, the interest and default interest provisions will be valid within the scope of the Consumer Loan Agreement concluded between the Bank and the Buyer. Granting the loan and creating the payment plan are entirely at the discretion of the relevant Bank.
8.5. Digital products are not suitable for physical shipment, and delivery shall be carried out as specified in their conditions according to the nature of the product. Regulations included in the Contract that are valid for physical products, such as delivery methods etc., shall not apply to digital products, and the regulations in these articles should be interpreted to be in accordance with the conditions and explanations specified in the product conditions to the extent applicable.
8.6. In the event that the ordered Product is an electric motorcycle, its return via the Platform is not possible after its installation has been performed or after the registration process has been done and it has been licensed.
8.7. Products/Services offered for sale on the Platform may be offered for sale only to be delivered to limited locations (province/district/region) determined by the Seller, and if the Buyer selects a delivery address for these products/services outside one of the locations determined by the Seller during the order process, the relevant order cannot be placed/the purchase will not take place.
8.8. In orders related to "Earthquake Relief Mobilization" and similar mobilization and aid operations carried out in coordination with official public institutions and organizations of the Republic of Turkey (e.g., parcel aid, etc.), the right of withdrawal cannot be exercised pursuant to Article 15/1-h of the Distance Contracts Regulation.
9. PROTECTION OF PERSONAL DATA AND INTELLECTUAL-INDUSTRIAL RIGHTS
9.1. The Seller shall process the personal data within the scope of this contract limited only to the purpose of providing the Product/Service and in accordance with the Law on the Protection of Personal Data No. 6698 ("KVKK"), secondary legislation, and Personal Data Protection Board decisions. The Seller accepts, declares, and undertakes that it will not process the Buyer's personal data other than the personal data accessed via the Platform and will not contact the Buyer externally other than through the methods provided via the Platform.
9.2. The Buyer accepts, declares, and undertakes that they are obliged to check that the personal data provided within the scope of this Contract is accurate, complete, and up-to-date, not to share this information with third parties, to take necessary measures, including those regarding viruses and similar harmful applications, to prevent access by unrelated persons, and to ensure the security of the said personal data, and that otherwise, they are personally responsible for the damages that may arise and requests coming from third parties.
9.3. Regarding all kinds of information and content belonging to the Platform and their arrangement, revision, and partial/complete use; except for those belonging to other third parties according to the Seller's agreement; all intellectual-industrial rights and property rights belong to TraceNet.
10. RIGHT OF WITHDRAWAL
10.1. The Buyer has the right to withdraw from the Contract within 15 (fifteen) days without showing any reason and without paying any penal clause.
10.2. The right of withdrawal period starts on the day the Contract is established for Services; and for Products, on the day the Buyer or the third person determined by the Buyer receives the Product. However, the Buyer may also exercise the right of withdrawal within the period from the establishment of the Contract until the delivery of the Product.
10.3. In determining the right of withdrawal period;
a) For Products that are the subject of a single order but delivered separately, the day the Buyer or the third person determined by the Buyer receives the last Product,
b) For Products consisting of more than one part, the day the Buyer or the third person determined by the Buyer receives the last part,
c) In cases where the Product is delivered regularly over a certain period, the day the Buyer or the third person determined by the Buyer receives the first Product
is taken as the basis.
10.4. In cases where Product delivery and Service performance occur together, the right of withdrawal provisions regarding Product delivery apply.
10.5. The Seller is responsible for returning the collected Contract price and delivery costs to the Buyer within 15 (fifteen) days;
a) From the date the notification regarding the use of the right of withdrawal reaches the Seller, in case the Buyer exercises the right of withdrawal before the delivery of the Product or the performance of the Service,
b) From the date the Product subject to the right of withdrawal is handed over to the Cargo Company specified for return (or from the date it reaches the Seller if returned via a Cargo Company other than the one specified), if the Buyer exercises the right of withdrawal after the delivery of the Product and the price has not been transferred to the Seller as of the date the withdrawal notification reaches the Seller,
c) From the date the termination notification reaches the Seller, in case the Buyer exercises the right to terminate the Contract due to the Buyer's order not being delivered within the legal period.
10.6. It is mandatory that the notification of the right of withdrawal and other notifications regarding the Contract be made in accordance with the legislation and within the period via the communication channels belonging to TraceNet and/or the Seller specified on the Platform. The communication channels where the withdrawal notification can be made can be accessed from the link https://www.tracenet.com.tr/tr/iletisim/.
10.7. In case the right of withdrawal is exercised:
a) The Buyer sends the Product back to the Seller via the Cargo Company within 14 (fourteen) days from exercising the right of withdrawal.
b) The Product box, packaging, standard accessories if any, and other Products gifted with the Product, if any, to be returned within the scope of the right of withdrawal must be returned complete and undamaged.
10.8. The Buyer is not responsible for changes and deteriorations that occur if they use the Product in accordance with its operation, technical specifications, and usage instructions within the withdrawal period.
10.9. 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 requires a corporate invoice, they must issue a return invoice for the return of the relevant Product/Service or, if possible, reject the commercial invoice from their own systems within the period.
10.10. In the event that the Buyer selects the "Pay with Shopping Credit" option, in case the right of withdrawal is exercised, the prices subject to the Contract shall be returned to the Buyer via money order, EFT, or FAST to the bank account at the lending Bank notified by the Buyer. Within the scope of the refund of the prices subject to the Contract, the bank account at the lending Bank notified by the Buyer must be registered in the name of the person at the billing address or the user name. The Buyer accepts, declares, and undertakes that in case they select the Pay with Shopping Credit option, the refund of the prices subject to the Contract cannot be made in cash.
10.11. In the event that the Buyer selects the "Pay with Shopping Credit" option, the Buyer's withdrawal from this Contract signed with the Seller shall not directly terminate the Consumer Loan Agreement between the Bank and the Buyer. The Buyer accepts, declares, and undertakes that they can exercise their right of withdrawal from the Consumer Loan Agreement within the scope of the Consumer Loan Agreement between the Bank and the Buyer. The Buyer will be able to exercise their right of withdrawal from the Consumer Loan Agreement by applying individually to the lending Bank in accordance with the period and procedure determined in the Consumer Loan Agreement. The SELLER and TraceNet have no responsibility regarding the failure to make the application that needs to be made by the Buyer individually to the lending Bank or making it late within the scope of exercising the right of withdrawal from the Consumer Loan Agreement and/or regarding the credit relationship between the Bank and the Buyer.
10.12. As long as the Buyer sends the Product/Service to be returned to the Seller via the Seller's Cargo Company specified in the Preliminary Information Form, the return shipping fee belongs to the Seller. If there is no branch of the Seller's Cargo Company in the location where the Buyer is located, the Buyer may send the Product via any Cargo Company. In this case, the Seller is responsible for the return shipping fee and the damage the Product may sustain during the shipping process.
10.13. The Buyer shall exercise the right of withdrawal within the periods and procedures specified in this article; otherwise, they shall lose the right of withdrawal.
11. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
11.1. The Buyer cannot exercise the right of withdrawal in the following contracts:
a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the Seller or TraceNet,
b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer,
c) Contracts regarding the delivery of perishable goods or goods whose expiration date may pass,
d) From goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts regarding the delivery of those whose return is not suitable for health and hygiene,
e) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature,
f)Contracts regarding books, digital content, and computer consumables offered in a tangible environment if their protective elements such as packaging, tape, seal, package have been opened after the delivery of the product,
g)Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract,
h)Contracts regarding the utilization of leisure time for accommodation, transport of goods, car rental, food and beverage supply, and entertainment or recreation purposes, which must be performed on a specific date or period,
i) Contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the Buyer,
j) Contracts regarding services started to be performed with the approval of the Buyer before the right of withdrawal period expires,
the right of withdrawal cannot be exercised; and a return code cannot be generated via the Platform for these orders.
11.2. In the event that the Product/Service consists of Product/Service types excluded from the scope of application of the Regulation (listed in Article 3.3 of the Contract) , the right of withdrawal cannot be exercised because the provisions of the Regulation cannot be applied to the legal relationship between the Buyer and the Seller; and a return code cannot be generated via the Platform for these orders.
11.3. In cases where electronic codes are purchased via the Platform, there shall be no right of withdrawal for the said orders pursuant to the Regulation. A return code cannot be generated via the Platform for these orders either.
12. RESOLUTION OF DISPUTES
12.1. In the implementation of the Contract, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Product/Service and where their residence is located are authorized, up to the values declared by the Ministry.
13. NOTIFICATIONS AND EVIDENCE AGREEMENT
13.1. All correspondence to be made between the Parties under the Contract shall be made in writing, except for mandatory cases listed in the legislation.
13.2. The Buyer accepts, declares, and undertakes that in disputes that may arise from the Contract, TraceNet’s and the Seller's commercial books, computers, records, and other documents shall constitute binding, conclusive, and exclusive evidence, and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
14. ENFORCEMENT
14.1. The Contract, consisting of 14 (fourteen) articles, was read by the Parties and concluded and entered into force by being approved electronically by the Buyer on the transaction date. A copy of the Contract is available in the Buyer’s membership account and can also be sent via electronic mail upon request.