Terms of service
DISTANCE SALES AGREEMENT
1. Parties and Definitions
This Individual User Agreement (hereinafter referred to as the "User Agreement" or "Agreement") has entered into force between the natural or legal person who signs up to the website / mobile website with the domain name www.ladanwellness.com operated by LADAN KİMYA SANAYİ VE TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as "Ladan Kimya") within the conditions specified in this Agreement and Ladan Kimya, by mutual acceptance at the time of approval in electronic environment. The User accepts, declares and undertakes that he/she has read this Agreement in its entirety, understands its content in its entirety and approves all of its provisions.
The User also accepts, declares and undertakes that he/she has read the entire Privacy Policy, which forms an integral part of this Agreement, understands its content in its entirety and approves all its provisions.
The following definitions and abbreviations in this Ladan Kimya Distance Sales Agreement ("Agreement") shall have the meanings set forth next to them.
SELLER DETAILS:
Title: LADAN KİMYA SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: Akat Mah. Ebulula Mardin Cad. A Blok NO:14/1 Beşiktaş/İSTANBUL TURKEY
Telephone: 0212 999 30 70
E-mail: hello@ladanwellness.coM
Website: ladanwellness.com
The Buyer means the natural person who signs up to the website www.ladanwellness.com (hereinafter referred to as the "website") and/or purchases other goods/products that may be sold by Ladan Kimya through the website, whose name-surname and contact information are included in the order to be created through the website and whose information is included on the front side of the invoice to be issued by Ladan Kimya.
Goods/Product: Refers to the goods/product whose type, quantity, color, sales price including all taxes, payment method and similar issues are specified on the goods/product introduction page on the website www.ladanwellness.com and on the invoice which is considered an integral part of this Agreement.
Website: It refers to www.ladanwellness.com, to which Ladan Kimya has all legal rights.
2. Subject of the Agreement
The subject of this Agreement is to ascertain the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the purchase of goods and products that can be sold by Ladan Kimya through the website by the Buyer from the website www.ladanwellness.com of Ladan Kimya in electronic environment.
3. Price and Payment
The price of the goods/products selected by the Buyer is available in the notification e-mail sent at the end of the order and in the invoice content delivered to the Buyer.
Payment of the price for the goods / products subject to the order can be made by bank transfer in accordance with the procedure created by the Buyer on the website and confirmed electronically, or by debit / credit card by collecting the total of all goods / product prices at one time from the debit / credit card to be provided by the Buyer electronically. For payments made by credit/debit card, if the approval cannot be obtained from the credit/debit card center of the banks, the purchase will be deemed not to have taken place. For payments made by bank transfer, it is obligatory to specify the name of the Buyer in the transfer.
4. Delivery
The goods/products subject to the order shall be delivered to the Buyer or the person living with him/her or his/her permanent employee authorized by the Buyer, provided that he/she presents his/her official identity document with a photo, at the address indicated by the Buyer while signing up to the website or during the order, within 5 work days at the latest, provided that the cost of cargo/courier is paid by the Buyer. Ladan Kimya shall not be responsible for delays caused by the persons authorized by the Buyer not accepting to receive the goods/products and delays due to the address specified in the electronic order form and website membership pages being incorrect or incomplete or the change not being notified by the Buyer.
The costs of delivery of the Goods shall be borne by the Buyer unless otherwise stipulated. If the Seller has declared on the Website that the delivery costs will be borne by the Seller, the delivery costs shall belong to the Seller.
5. Right of Withdrawal
The BUYER has the right to withdraw from the Agreement within fourteen days from the delivery of the product / products within the framework of the following provisions without having to present any justification and without penal clause.
5.1. It is sufficient that the notification of the use of the right of withdrawal is sent to Ladan Kimya within fourteen days. The BUYER has been informed about the right of withdrawal with the establishment of this agreement and this agreement serves as a notification in this regard.
5.2. The right of withdrawal period starts on the day the BUYER receives/is accepted to receive the goods. However, the BUYER may exercise the right of withdrawal within the period from the establishment of the agreement until the delivery of the goods.
5.3. The goods / services to be returned due to the exercise of the right of withdrawal must not be unpacked and used. The product to be returned must be sent with all accessories and original packaging and box.
5.4. In exercising the right of withdrawal, the BUYER may use the form on the website or make a explicit statement indicating its decision to withdraw. In order for the BUYER to fill out this form or send the declaration of withdrawal, the form that can be obtained through the website must be filled in and the form and the products to be returned must be delivered to the above-mentioned address of Ladan Kimya. The burden of proof regarding the use of the right of withdrawal mentioned in this article belongs to the BUYER. The BUYER must send the goods back to Ladan Kimya within ten days from the date of the notification that he/she has exercised the right of withdrawal.
5.5. Ladan Kimya is obliged to refund all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification that the BUYER has exercised the right of withdrawal in accordance with this article.
6. Situations where the Right of Withdrawal cannot be exercised
6.1. The BUYER cannot exercise the right of withdrawal in contracts for the following goods and services:
a) Contracts regarding goods and services, the prices of which change subject to fluctuations in financial markets and beyond the SELLER's control.
b) Contracts relating to goods prepared in line with the wishes or personal needs of the consumer.
c) Products that cannot be returned due to their nature, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER,
d) Contracts for goods whose protective elements such as packaging, tape, seal, package have been opened after delivery in cosmetics and personal care products.
e) Contracts relating to goods which are mixed with other products after the delivery, and which, by their nature, cannot be separated.
6.2. For payments made by Credit Card, the refund amount will be returned to the credit card used and Ladan Kimya cannot be held responsible for delays caused by banks.
The refund for the shopping made by EFT / Money Order payment is made to the IBAN entered by the BUYER when the refund / cancellation request is initiated via the website. It is the responsibility of the BUYER to ensure that the IBAN is accurate and complete.
6.3. The provisions of the tax procedure law and regulations are reserved for the return of the Product / Goods and the BUYER and SELLER are obliged to comply with these provisions.
7. General Provisions
7.1. Ladan Kimya is responsible for the delivery of the goods/products subject to the agreement intact, complete and in accordance with the qualifications specified in the order. The buyer shall inspect the goods/products subject to the contract before receiving them; dents, broken, torn packaging, etc. damaged and defective goods/products shall not be received from the cargo/courier officer. The delivered goods/products shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/product after delivery belongs to the Buyer. If the right of withdrawal is to be exercised, the goods/products must not be used in any way, the packaging of the packaged goods/products must not be opened and in this case, the invoice issued by Ladan Kimya must be kept as it will be returned.
7.2.If it becomes impossible to deliver the goods or products specified in the order, Ladan Kimya reserves the right to, upon the Buyer's request, provide a substitute product of equivalent quality and price. This will be communicated to the Buyer in advance, notifying them of the inability to fulfill the obligations outlined in the order and this Agreement before the agreed-upon delivery deadline.
7.3. For the delivery of the goods/products subject to the order, the price must be paid by the Buyer's preferred payment method (money order or credit card). If for any reason the price of the goods/products is not paid or is canceled in the bank records, Ladan Kimya shall be deemed to be released from the obligation to deliver the goods/products without the need to carry out any procedure.
7.4. The name, surname, title, address and contact information and similar information specified by the Buyer while signing up to the website and / or placing an order electronically through the website shall be taken as the Buyer information regarding this Agreement. The Buyer is solely responsible for the accuracy and validity of all information.
7.5. In accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation No. 29188, the Buyer hereby accepts, declares and undertakes that he/she has received all preliminary information such as the characteristics of the goods / products subject to sale, the sales price, and that he / she is generally informed about the right of withdrawal, delivery, and confirms this preliminary information electronically; and by confirming the order, the Preliminary Information Form and this Agreement electronically, it confirms that it has obtained the address, basic features of the goods or service ordered, the price of the goods or service including taxes, payment and delivery and delivery price information that must be given to the Buyer by the Seller before the conclusion of distance contracts, confirms that it has accepted and confirmed the terms of the order and this Agreement, and again accepts, declares and undertakes that the invoice issued by Ladan Kimya is an integral part of this Agreement.
7.6. The Buyer accepts, declares and undertakes that the goods/products offered through the website are not intended for commercial use and that their purchase for retail sale is prohibited.
8. Force Majeure
8.1. General mobilization, strikes, earthquakes, floods, failures / interruptions that may occur in the seller's hosting, logistics, transportation and database / product prices appearing different from the actual price due to system error and similar reasons will be accepted as force majeure. In this case, Ladan Kimya may unilaterally refrain from fulfilling its obligations under this Agreement without compensation by refunding the price paid.
8.2. If the force majeure lasts more than 20 days, the BUYER has the right to terminate this agreement and demand the return of the price.
9. Termination of the Agreement
9.1. Ladan Kimya has the right to terminate the agreement unilaterally and without compensation in the event that the ordered products are not in stock, the BUYER does not fulfill the payment obligations and the delivery cannot be made to the address specified in this Agreement. In this case, Ladan Kimya will return the product price to the BUYER via the same payment method if payment has been made by the BUYER.
9.2. If the Agreement is terminated due to the fault of the BUYER, the return costs belong to the BUYER.
9.3. If the payment obligation is not fully and completely fulfilled by the BUYER, Ladan Kimya reserves the right to terminate this agreement and refrain from delivery of the goods.
10. Notifications and Evidence Agreement
The BUYER and Ladan Kimya irrevocably accept, declare and undertake that Ladan Kimya's commercial books, records and documents, computer, fax records, microfilms, e-mail correspondence shall be conclusive evidence in accordance with Article 193 of the Code of Civil Procedure in any dispute that may arise between the PARTIES.
11. Settlement of Disputes
For disputes arising from this Distance Sales Agreement, the following authorities have jurisdiction: (i) Provincial or District Consumer Problems Arbitration Committees are empowered in the region where the Buyer made the purchase or resides, for cases up to the annual value limit set by the Ministry of Commerce. (i) In cases exceeding this value limit, the Istanbul Central Courthouse Consumer Courts located at Ladan Kimya's headquarters hold the authority to address and resolve the disputes.
12. Notification
The address of the Buyer in the order in electronic media and/or on the member pages on the website is the legal notification address. The Buyer is obliged to notify Ladan Kimya in writing of any changes in his/her name, address, etc. information. For notifications and deliveries to be made to the Buyer by Ladan Kimya, the address and/or e-mail address specified in the electronic order and/or member pages will be used. Unless Ladan Kimya is notified in writing of any changes in the contact information of the Buyer, Ladan Kimya shall not be held responsible in cases of delay, loss, non-delivery, etc., and notifications and submissions to the addresses in the electronic media order and / or on the website member pages shall be deemed to have been legally delivered / notified to the Buyer.
Ladan Kimya shall not be liable for any delays caused by the fact that any notifications and shipments sent to the Buyer do not reach the Buyer in due time or at all due to external factors such as delays and losses in the post or the Buyer's absence at the address.
13. Effective Date
This Agreement consisting of 13 (thirteen) articles has been concluded and entered into force by being read by the parties and approved electronically by the Buyer. The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed through the Site.