Preliminary Information Form
ARTICLE 1 – PARTIES
This Pre-Information Form (“Form”) has been prepared between the buyer (“Buyer”), whose details are stated below, and the seller (“Seller”).
This Form relates to informing the Buyer, within the framework of the sale-purchase relationship to be established between the Buyer and the Seller for shopping transactions to be carried out via the dermonad.com website (“Site”) belonging to HES Dis Ticaret Pazarlama A.S. (“Seller”), pursuant to Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
ARTICLE 2 – SELLER AND BUYER
Seller:
Title: HES Dis Ticaret Pazarlama A.S.
Address: Baglarbasi Mah. Kucukkoy Yolu Cad. No:42/A Gaziosmanpasa, Istanbul
Email: [email protected]
Phone: +90 212 438 52 57
Buyer:
Full Name:
Email:
Phone:
ARTICLE 4 – PRODUCT/SERVICE INFORMATION
The type, quantity, brand, model, color, number of units, sale price and payment method of the products or services are as follows.
Product Description Quantity Cash Price Discount Installment Difference Additional Cost Subtotal (VAT Included)
Shipping Fee
Total
Payment Method:
Delivery Address:
Invoice Address:
Order Date:
Return Address:
The essential features of the product are as stated on the Site. The prices announced on the Site are sales prices and will remain valid until updated. If prices are announced for a limited period, such prices will be valid until the end of the period specified on the Site. The price of the product subject to the sale, shipping fee and other additional fees are as shown in the table above.
ARTICLE 5 – GENERAL TERMS
5.1 This Form is an integral part of the Distance Sales Agreement, and the provisions in the Distance Sales Agreement regarding matters not included in this Form shall apply.
5.2 In order for the product subject to this Form to be delivered to the Buyer or the person notified by the Buyer, it is required that the pre-information text is accepted electronically by the Buyer and that the sale price is paid by the Buyer. If for any reason the product price is not paid or is cancelled in bank records, the Seller shall be deemed released from the obligation to deliver the product.
5.3 Unless expressly stated otherwise, delivery costs (shipping fee, etc.) belong to the Buyer. Depending on campaigns announced on the Site, the Seller may decide not to reflect all or part of such delivery costs to the Buyer.
5.4 By approving the Form and the Distance Sales Agreement, the amounts and costs stated under Article 5 will be collected via the selected payment method.
5.5 The Seller will send the product subject to the order to be delivered to the Buyer or the person/institution at the address indicated, at the latest within 30 (thirty) days from the day the order is received by the Seller. If delivery cannot be made within this period, the Buyer has the right to terminate the Distance Sales Agreement.
5.6 The Seller may supply a different product of equal quality and price in place of the product(s) subject to the Distance Sales Agreement before the performance period expires, provided that the Buyer is informed in advance and the Buyer’s explicit approval is obtained.
5.7 If products are delivered to the address but the BUYER is not personally present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and properly. If there is no one to receive the delivery at the address, it is the BUYER’s responsibility to contact the cargo company and track the shipment. If the product is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible if the recipient is not present at the address or refuses to accept delivery. In cases where the Buyer is not at the address or the persons at the address do not accept the delivery, the Seller shall be deemed to have delivered. In such cases, the Buyer is responsible for any late receipt, the product waiting at the cargo company, and/or the cargo being returned to the Seller. If the cargo company to perform delivery does not have a branch in the area of the given address, the product must be collected by the Buyer from another nearby branch to be notified by the Seller.
5.8 If it is determined that the Buyer used a payment instrument that the Buyer is not authorized to use, or if the product price subject to the Distance Sales Agreement is not paid to the Seller by the relevant bank or financial institution, the Distance Sales Agreement will be terminated by the Seller and/or the Buyer; in such a case, the Buyer accepts, declares and undertakes to immediately return the product.
5.9 The Seller may organize campaigns through the Site. Campaigns, discounts, opportunities and related terms on the Site may be changed or updated at the Seller’s discretion. The Buyer accepts and declares that the Seller may determine quotas or upper limits for products offered for sale within the scope of any campaign.
5.10 Special offers, promotions or discounts offered through the Site will be valid on the specified date or until stocks run out. In possible cases such as system rule violations and/or system errors regarding special rights such as points or discounts granted within the Site, such rights may be cancelled, and the Buyer accepts, declares and undertakes that the Buyer will not make any claim for this reason.
5.11 Unforeseeable events beyond the Seller’s control and not arising from the Seller’s fault (war, mobilization, occupation, rebellion, uprising, embargo, government intervention, labor disputes, cyber attacks, communication problems, infrastructure and internet failures, power outages, natural disasters, etc.) that prevent the Seller from fulfilling its obligations or cause delays shall be considered force majeure. If the Seller cannot deliver the product subject to the Distance Sales Agreement within the period due to a force majeure event, the Seller must inform the Buyer as soon as possible via the Buyer’s shared contact details. In this case, the Buyer may exercise the rights to cancel the order, replace the product with an equivalent (if any), or postpone delivery until the obstacle is removed.
5.12 If it is determined at the time of order confirmation or afterwards that the ordered products are not in stock; the Seller may cancel the order without stating any reason by instructing the bank within 7 (seven) days for the refund of the paid amount. In this case, the product price will not be collected, or if collected, it will be refunded to the Buyer and the order will be cancelled. The Seller will immediately inform the Buyer of this situation.
5.13 If a refund is to be made to the Buyer for any reason, such amount can only be refunded to the same payment instrument used during the purchase. The Buyer acknowledges that the average time for the refunded amount to be reflected in the Buyer’s account by the bank may take approximately 2 (two) to 3 (three) weeks, and that this period is entirely related to the transaction process of the relevant financial institution; therefore, the Buyer cannot hold the Seller responsible for possible delays.
5.14 The Buyer is obliged to check the delivered product and, if the Buyer sees a problem caused by cargo, not to accept the product and to have a report drawn up by the cargo company officer.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1 The Buyer has the right to withdraw from the Distance Sales Agreement within 14 (fourteen) days from the date the goods are received by the Buyer or delivered to the third person/institution at the address indicated, without giving any reason and without paying any penalty. In order to exercise the right of withdrawal, the product must not be within the scope of “Products for Which the Right of Withdrawal Cannot Be Used” regulated under Article 10, and it must be unused within that framework.
6.2 To use the right of withdrawal, a request must be created via the Site within the 14 (fourteen)-day period. Following the creation of the request, a cargo return code will be sent to the Buyer to be used when sending the product back to the Seller. The Buyer must send the products to the Seller within 3 (three) days using this return code. If the product subject to withdrawal is sent with a cargo company different from the one specified, shipping costs belong to the Buyer.
6.3 The Buyer accepts, declares and undertakes that, in order to exercise the right of withdrawal, the Buyer must return the product in a sound condition together with any accessories, original box and invoice.
6.4 The Seller will refund the product price and, if any, the delivery costs of the product to the payment instruments used by the Buyer, within 14 (fourteen) days from the date the withdrawal notice reaches the Seller. If the Buyer returns the product with a carrier other than the one envisaged, the 14 (fourteen)-day period starts from the date the product reaches the Seller. The Seller cannot be held responsible for disruptions and technical problems experienced by the bank during the refund.
6.5 Information on Exercising the Right of Withdrawal:
The steps to follow to exercise the right of withdrawal are as follows:
• After logging into your account at www.zueshome.com, go to the “my account/my orders” section.
• Click the return option for the product you wish to withdraw from.
• If the product is in your possession, place your dispatch note/invoice together with the products and the return code given to you into a single package.
• Deliver the package to the contracted cargo company within 3 days with the return cargo code. Providing the code is sufficient; do not specify an additional return address. If you exceed 3 days, you need to obtain a new return cargo code.
• When your returned product reaches us, it will be examined by our expert team and, if deemed suitable for return, the return process will be initiated.
In order for the returned product to be accepted, it must not fall under the cases where the right of withdrawal cannot be used; its package must not be damaged; it must have been used in accordance with its technical features and user instructions; and it must not have been damaged due to misuse. The product must be returned together with any accessories, its original box and invoice. Otherwise, the withdrawal request may not be accepted.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Pursuant to Article 15 of the Regulation on Distance Contracts, published in the Official Gazette dated 27.11.2014 under the heading “Exceptions to the Right of Withdrawal”, the right of withdrawal cannot be used in the following cases:
a. Contracts for goods or services whose price depends on financial market fluctuations and is not under the control of the seller or provider,
b. Contracts for goods prepared in line with the consumer’s requests or personal needs,
c. Contracts for delivery of goods that can spoil quickly or whose expiration date may pass,
d. Contracts for goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons,
e. Contracts related to books, digital content and computer consumables provided in a physical medium, if protective elements such as packaging, tape, seal, package are opened after delivery,
f. Contracts related to delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement,
g. Contracts related to leisure time activities for accommodation, transport of goods, car rental, supply of food and beverage, and entertainment or rest that must be performed on a specific date or period,
h. Contracts related to services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,
i. Contracts for services whose performance has started with the consumer’s approval before the withdrawal period ends,
j. Contracts related to movables that must be registered under the Road Traffic Law No. 2918 dated 13/10/1983 and unmanned aerial vehicles that are subject to registration,
k. Contracts related to mobile phones, smart watches, tablets and computers that have been delivered to the consumer,
l. Contracts concluded via live auction in the form of open bidding,
m. Contracts related to goods for which the user manual states that installation or assembly will be carried out by the seller or an authorized service, and for which installation or assembly has been performed.
Article 7 – Disputes
The Buyer may send complaints and requests within the scope of the Distance Sales Agreement to the Seller via [email protected].
If disputes cannot be resolved amicably between the parties, within the monetary limits determined each year by the Ministry of Trade as required by law, applications may be made to consumer arbitration committees (or, if there is no consumer arbitration committee in the place of residence of the Buyer or the place where the Buyer made the transaction, to the district governorships). For disputes exceeding these limits, the Consumer Courts in the place of residence of the Buyer or the Seller are competent and authorized.
Date: __/__/____