Distance Sales Agreement

DISTANCE SALES AGREEMENT

 

PLEASE read the contract text below, printed in 12-point and bold font, as required by the relevant law. Furthermore, every buyer who makes a purchase from our website shall be deemed to have read and accepted all articles of our sales agreement, prepared by us, without the need for any further notification.

 

ARTICLE 1 - PARTIES OF THE AGREEMENT

SELLER: PRİMUM İLAÇ VE SAĞLIK HİZMETLERİ A.Ş.

Address: Maslak Mah. Taşyoncası Sok. Maslak 1453 Sitesi T4B Blok No:1U/232 Sarıyer/İstanbul-Turkey

Tel.: 212 909 0117

Email: bildirim@primumpharma.com

 

BUYER: Customer (The Buyer is the person who makes a purchase from the Seller's website, https://primumclub.com/. The address and contact information provided by the buyer in the invoice and communication details shall be taken as a basis.)

By accepting this agreement, the BUYER acknowledges in advance that if they confirm the order subject to the agreement, they will be obliged to pay the cost of the order and any additional fees stated, such as shipping fees or taxes, if any, and that they have been informed about this matter.

 

ARTICLE 2 - SUBJECT OF THE AGREEMENT:

The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the goods/services ordered electronically by the Buyer from the Seller's website www.primumclub.com, which possess the characteristics mentioned in the agreement and for which a sales price is specified in the agreement.

The Buyer acknowledges and declares under the provisions of this agreement that they have been informed about the basic characteristics, sales price, payment method, delivery conditions, etc., of the goods/services subject to sale, all preliminary information related to the goods/services subject to sale, and the right of "withdrawal," that they have confirmed this preliminary information electronically, and subsequently placed an order for the goods/services. Furthermore, the return of products whose protective elements such as packaging, tape, or wrapper have been opened after delivery is not suitable for health and hygiene reasons, and therefore the right of withdrawal cannot be exercised in such cases. The opening of the product packaging falls within the scope of the exception to the right of withdrawal.

The prices listed and advertised on the site are sales prices. The advertised prices are valid until updated or changed. If a product is advertised for a limited period, the advertised price will be valid until the end of the specified period.

The Buyer accepts and undertakes that the data entered into the system, both when becoming a member of the site and during shopping, belongs to them or that they have permission to use and share it; that they will not enter any data into the system for which they do not have a right of use, otherwise all responsibility will belong to them. The preliminary information and invoice on the payment page of www.primumclub.com are integral parts of this agreement. Upon placing an order, the Buyer is deemed to have accepted all conditions of this agreement. The prices listed and advertised on the site are sales prices. The advertised prices and promises are valid until updated and changed. Prices advertised for a limited period are valid until the end of the specified period.

 

ARTICLE 3 - DATE OF AGREEMENT, DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE OF AGREEMENT AND DELIVERY METHOD:

This agreement has been prepared on the date the order was placed by the Buyer. The goods/services will be delivered to the Customer at the address requested by the Buyer for delivery. Packages believed to be damaged during shipment must be opened and checked in front of the company official upon receipt. If there is any damage to the product, the product should not be accepted and a report must be prepared with the cargo company. If a report is not prepared, the BUYER is deemed to have accepted that the cargo company has fully performed its duty after the product has been received.

 

ARTICLE 4. GENERAL PROVISIONS

4.1. The BUYER acknowledges having read and understood the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the products displayed on the WEBSITE, and having provided the necessary electronic confirmation for the sale.

4.2. The PRODUCT shall be delivered packaged and in sound condition, along with its invoice, to the delivery address specified by the BUYER on the WEBSITE, within a maximum of 30 days.

4.3. If the PRODUCT is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the person/entity to whom the delivery is to be made does not accept the delivery.

4.4. The BUYER is responsible for inspecting the PRODUCT upon delivery and, if they notice any damage to the PRODUCT caused by shipping, for refusing the PRODUCT and having a report drawn up by the CARGO company official. Otherwise, the SELLER will not accept responsibility.

4.5. The Agreement approved by the BUYER during shopping on the WEBSITE is sufficient and valid in all cases.

4.6. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the full price of the PRODUCT before receiving it. If the PRODUCT price is not paid to the SELLER before delivery, the SELLER may unilaterally cancel the agreement and not deliver the PRODUCT.

4.7. If, for any reason, the Bank/financing institution to which the credit card used for the transaction belongs does not pay the PRODUCT price to the SELLER after the delivery of the PRODUCT, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days, with all expenses belonging to the BUYER. All other contractual-legal rights of the SELLER, including the right to collect the PRODUCT price, are reserved separately and in all cases. To avoid doubt; deferred/installment payment options provided by institutions such as banks and financing institutions that issue credit cards, installment cards, etc., are a credit and/or an installment payment option directly provided by the aforementioned institution; in this context, PRODUCT sales for which the SELLER has collected the full price are not considered installment sales for the parties to this Agreement, but cash sales. The legal rights of the SELLER in cases considered installment sales by law (including the right to terminate the agreement and/or demand payment of the entire remaining debt with default interest if any of the installments are not paid) are existing and reserved. In case of BUYER's default, a default interest rate of 5% per month shall be applied.

4.8. If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances (such as adverse weather conditions, earthquake, flood, fire) outside of normal sales conditions and the delay exceeds 10 days, the SELLER shall inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the end of the extraordinary situation. If the PRODUCT price has been collected for order cancellations, it shall be refunded to the BUYER within 10 days from the cancellation. For credit card payments, the refund process is carried out by refunding to the BUYER's credit card or BUYER's bank account.

4.9. The BUYER may notify the SELLER of their requests and complaints regarding the PRODUCT and the sale through the SELLER's communication channels provided in the introductory part of the Agreement.

4.10. For the delivery of the product subject to the contract, it is essential that the product price has been paid using the payment method preferred by the BUYER. If for any reason the product price is not paid or is canceled in bank records, the SELLER is deemed to be relieved of the obligation to deliver the product.

4.11. The SELLER has the right to contact the BUYER for communication, notification and other purposes via letter, e-mail, SMS, phone call and other means, using the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by them later. The BUYER, by accepting this agreement, accepts and declares that the SELLER may carry out the aforementioned communication activities towards them. The BUYER's rights stated in the Disclosure Text and Privacy Policy on the Site are reserved.

4.12. The BUYER accepts and undertakes in advance to comply with the provisions of legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom will be fully and exclusively borne by the BUYER.

 

ARTICLE 5 - RIGHT OF WITHDRAWAL

You can return the order you received, without opening the SELLER product box on it, within 14 days with customer service approval. After your order reaches our return warehouse, it will be inspected, and after confirmation that it has not been opened, your refund will be made to your bank.

Before accepting packages that you believe have been damaged during shipment, open and inspect them in front of the cargo company official. If there is any damage to the product, do not accept the product and have a report prepared by the cargo company. If you do not have a report prepared, please remember that you will be deemed to have accepted that the cargo company has fully performed its duty after the product has been received.

In cases where any deterioration, breakage, damage, tearing, or use is detected in the product, and the product is not returned in the condition it was delivered to the customer, the product will not be accepted for return, and its price will not be refunded.

If you return the product, your return process will be completed within seven (7) business days from the moment the product reaches the company.

After the return process is approved, credit card refunds will be made within 5 business days. Your bank may not reflect credit card refunds to your account within the same statement period. In this case, you need to call your bank's credit card service.

 

ARTICLE 6 - PROTECTION OF PERSONAL DATA AND PRIVACY

The information provided by the BUYER in this Agreement and the information provided to the SELLER for payment purposes will not be shared with third parties other than the contracted shipping company by the SELLER. The BUYER cannot hold the SELLER responsible if the SELLER is obliged to disclose such information within the framework of administrative or legal necessities. The SELLER declares that it will process the personal data of the BUYER, who is a party to the Agreement, in a proper manner within the scope of its primary and secondary obligations arising from Law No. 6698 for the performance and establishment of this Agreement, that it will ensure data security to prevent unlawful processing, access, and disclosure of the personal data obtained from the BUYER, and to ensure its preservation, and that adequate technical and administrative measures have been taken in this context. The SELLER will also delete, destroy or anonymize data for which the processing purpose has ceased to exist, by adhering to the periods stipulated in other laws. The BUYER, by approving this Agreement, accepts, declares and undertakes that they have been informed by the SELLER regarding the processing of personal data in accordance with Law No. 6698, within the scope of the Disclosure Text.

 

ARTICLE 7 - AGREEMENT ON EVIDENCE, AUTHORIZED COURT, AND EFFECTIVENESS

The SELLER's records (including magnetic media records such as computer and audio recordings) shall constitute conclusive evidence in the resolution of any disputes arising from this Agreement and/or its implementation; Consumer Arbitration Committees up to the value declared by the Ministry of Science, Industry and Technology, and in cases exceeding this value, ISTANBUL ANADOLU Consumer Courts and Enforcement Offices are authorized.

 

The BUYER declares, accepts, and undertakes that they have read, reviewed, and accepted all conditions and explanations written in this agreement and the order form which forms an integral part thereof, and that they have received all preliminary information regarding the sales conditions and other matters.

 

When the BUYER makes the payment for the order placed through the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements on the site to obtain confirmation from the BUYER that this agreement has been read and accepted before the order is finalized.