Distance Sales Agreement

ARTICLE 1 – PARTIES

1.1 SELLER

Trade Name: INSPECTO TEKNOLOJİ DANIŞMANLIK VE TİC.LTD.ŞTİ

Address: Barbaros Mah. Çiğdem Sokak No:1/19 Kat:4 Ağaoğlu My Office Ataşehir/İstanbul

MERSIS No.: ______________________________

Trade Registry No.: 260662-5

Tax Office / Tax No.: Kozyatağı Tax Office / 4651095464

Website: www.ellagenix.com

E-mail: ___________________________________________

Phone: ___________________________________________

1.2 BUYER (CONSUMER)

Full Name / Trade Name: ___________________________________________

Delivery Address: ___________________________________________

Phone: ___________________________________________

E-mail: ___________________________________________

1.3

By accepting this Agreement, the BUYER acknowledges and declares in advance that they are obligated to pay the purchase price of the ordered product(s), any applicable shipping fee, and any other agreed additional charges.

ARTICLE 2 – DEFINITIONS

For the purposes of the implementation and interpretation of this Agreement, the following terms shall have the meanings set forth below:

  • LAW: Turkish Law No. 6502 on Consumer Protection.

  • REGULATION: Regulation on Distance Contracts.

  • SELLER: INSPECTO TEKNOLOJİ DANIŞMANLIK VE TİC.LTD.ŞTİ, which offers goods to consumers within the scope of its commercial or professional activities.

  • BUYER / CONSUMER: Any natural or legal person who acquires, uses, or benefits from a good or service for purposes unrelated to their commercial or professional activities.

  • SITE: The website owned by the SELLER, available at www.ellagenix.com.

  • AGREEMENT: This Distance Sales Agreement concluded between the SELLER and the BUYER.

  • PRODUCT: Cosmetic, personal care, and beauty products offered for sale through the Site and subject to the purchase.

  • ORDER: The product selection and purchase request submitted by the BUYER through the Site.

ARTICLE 3 – SUBJECT OF THE AGREEMENT

3.1

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product(s) ordered electronically by the BUYER through the SELLER's website, www.ellagenix.com, whose characteristics and sales prices are specified below, in accordance with Turkish Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

3.2

The prices displayed on the Site are the applicable sales prices. These prices remain valid until they are updated or changed by the SELLER.

Promotional prices announced for a limited period remain valid until the specified campaign period ends or the relevant stock is exhausted.

ARTICLE 4 – PRODUCT, PRICE, PAYMENT AND DELIVERY INFORMATION

The name, type, unit price, quantity, total sales price, payment method, and delivery information of the product(s) subject to this Agreement are as follows:

PRODUCT NAME UNIT PRICE QUANTITY TOTAL

SHIPPING FEE: __________________

GRAND TOTAL (VAT INCLUDED): __________________

Payment Methods:
The BUYER may pay the order amount using one of the following methods:

  • Online payment by credit card or debit card

ARTICLE 5 – GENERAL PROVISIONS

5.1

The BUYER acknowledges, declares, and undertakes that they have read and been informed about the essential characteristics of the product subject to the Agreement, its sales price, payment method, and delivery information available at www.ellagenix.com, and that they have provided the necessary electronic confirmation.

By electronically confirming the Preliminary Information Form, the BUYER acknowledges, declares, and undertakes that they have correctly and completely obtained the essential characteristics of the products subject to the order, their prices including taxes, and the applicable payment and delivery conditions that must be provided by the SELLER.

5.2

Each product subject to this Agreement shall be delivered to the BUYER, or to the person or organization designated by the BUYER at the specified delivery address, within the period stated on the Site depending on the distance of the BUYER's place of residence, provided that the statutory maximum delivery period of 30 days is not exceeded.

The BUYER reserves the right to terminate the Agreement for products that cannot be delivered within this period.

5.3

The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement completely, in accordance with the characteristics specified in the order, together with any applicable warranty certificates and user manuals, and free from any defects.

5.4

If fulfillment of the product or service subject to the order becomes impossible, the SELLER agrees, declares, and undertakes to notify the BUYER in writing within 3 days from the date on which it becomes aware of such impossibility and to refund all payments collected, including any delivery costs where applicable, within 14 days.

5.5

The BUYER agrees to electronically confirm the Agreement for delivery of the product subject to this Agreement.

If, for any reason, the product price is not paid, the payment is cancelled in the bank records, or the payment transaction cannot be completed due to a technical issue, the SELLER's obligation to deliver the product shall automatically terminate without any obligation to provide further notice.

5.6

If, after delivery of the product to the BUYER, the payment transaction is reversed or otherwise results against the SELLER for any reason at the bank or financial institution, or if the collected amount is not transferred to the SELLER, the BUYER shall be obligated to return the relevant product to the SELLER within no later than 7 (seven) business days.

If the payment reversal results from an unjustified objection, incorrect instruction, or fault attributable to the BUYER, all shipping and operational costs related to the return shall be borne by the BUYER.

The SELLER reserves the right to pursue all legal remedies, including enforcement proceedings, for collection of the product price.

5.7

If the product cannot be delivered within the applicable period due to force majeure events, including natural disasters, epidemics, war, strikes, transportation disruptions, or similar circumstances, the SELLER shall notify the BUYER of the situation.

The BUYER may choose one of the following options:

  • Cancel the order;

  • Replace the product with an equivalent product; or

  • Postpone delivery until the circumstances preventing delivery have been resolved.

If the BUYER cancels the order, the amount paid shall be refunded within 14 days. For refunds made to credit cards, a banking processing period of approximately 2–3 weeks may apply from the date the refund is issued to the bank.

5.8

The SELLER may use the contact information provided by the BUYER for the purposes of delivering and invoicing the product subject to this Agreement and carrying out after-sales support processes.

For these purposes and to the extent necessary, such information may be shared with shipping companies, payment service providers, and e-invoice/e-archive service providers.

If the BUYER has separately and expressly consented to receiving commercial electronic communications, including marketing, campaigns, and promotions, the SELLER may contact the BUYER through the relevant communication channels.

The BUYER has the right to withdraw or opt out of such marketing consent at any time.

5.9

The BUYER shall inspect the product before accepting delivery and shall not accept any product that is visibly damaged, such as crushed, broken, or torn packaging, from the shipping company.

A product that has been accepted shall be deemed to have been delivered without visible damage.

5.10

If the holder of the credit card used to place the order is a different person from the BUYER, or if a security concern arises regarding the order, the SELLER may contact the BUYER to verify the security of the order or request additional verification mechanisms.

If the required security verification cannot be reasonably completed within an appropriate period, or if the transaction continues to be considered suspicious, the SELLER reserves the right to cancel the order.

5.11

The BUYER acknowledges and undertakes that all information provided when registering on the Site or placing an order is accurate, current, and belongs to the BUYER.

The BUYER shall bear all legal, criminal, and financial liability arising from any inaccurate, incomplete, or false information provided by them.

Any damages incurred by the SELLER as a result of such information shall be compensated by the BUYER upon the SELLER's first request.

5.12

The BUYER agrees to comply with applicable laws and the principles of good faith when using the Site.

The BUYER may not use any software, tool, or method intended to deliberately disrupt, modify, interfere with, or prevent the operation of the Site.

ARTICLE 6 – RIGHT OF WITHDRAWAL

6.1 The BUYER has the right to withdraw from distance contracts for the sale of goods within 14 (fourteen) days from the date on which the product is delivered to the BUYER or to a third party designated by the BUYER, without providing any reason and without paying any penalty. The BUYER may also exercise the right of withdrawal at any time between the conclusion of the contract and delivery of the product. Where the product is returned through the carrier designated by the SELLER for returns, the return shipping costs shall be borne by the SELLER.

6.2 For the calculation of the withdrawal period:

  • In contracts concerning goods that are subject to a single order but delivered separately, the day on which the last good is delivered shall be taken as the basis.
  • In contracts concerning goods consisting of multiple parts, the day on which the last part is delivered shall be taken as the basis.
  • In contracts where goods are delivered regularly over a certain period of time, the day on which the first good is delivered shall be taken as the basis.

6.3 In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing within the 14 (fourteen)-day period via registered mail, fax, e-mail, or the "Withdrawal Form" available on the website.

6.4 When exercising the right of withdrawal, the product must be returned to the SELLER together with the following: • The invoice for the product delivered to the BUYER or a third party (for corporate invoices, together with the return invoice), • Return form, • The product, including its original box, packaging, and any standard accessories, complete and undamaged.

6.5 The SELLER is obliged to refund the total amount to the BUYER within a maximum of 14 (fourteen) days from the date on which the withdrawal notification is received. The BUYER must return the goods to the SELLER or a person authorized by the SELLER within a maximum of 14 (fourteen) days from the date on which the notification of withdrawal was submitted. If the consumer returns the goods using a carrier other than the carrier designated for returns, the return costs shall be borne by the consumer, and the SELLER's 14-day refund obligation shall begin on the date the goods are received by the SELLER.

6.6 If the value of the goods decreases or the return becomes impossible due to a reason attributable to the BUYER, the BUYER shall be liable for compensating the SELLER for the damage to the extent of the BUYER's fault.

6.7 If exercising the right of withdrawal causes the order to fall below the minimum purchase amount required for a campaign or promotion organized by the SELLER, the discount amount granted under the campaign shall be cancelled.

ARTICLE 7 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Pursuant to Law No. 6502 and Article 15 of the Distance Contracts Regulation, the BUYER does not have the right of withdrawal in the following cases:

  • Contracts concerning goods or services whose prices vary depending on fluctuations in financial markets and which are not under the control of the SELLER,
  • Contracts concerning goods prepared in accordance with the consumer's requests or personal needs,
  • Contracts concerning the delivery of goods that may deteriorate quickly or whose expiration date may pass,
  • Contracts concerning the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery, where returning the goods is unsuitable in terms of health and hygiene,
  • Contracts concerning goods that, after delivery, become mixed with other products and cannot be separated due to their nature,
  • Contracts concerning books, digital content, and computer consumables supplied in a tangible medium, where the protective elements such as packaging, tape, seal, or package have been opened after delivery,
  • Contracts concerning the delivery of newspapers and magazines, except those provided under subscription agreements,
  • Contracts concerning accommodation, transportation of goods, car rental, food and beverage supply, and leisure activities intended for entertainment or recreation, which must be performed on a specific date or within a specific period,
  • Contracts concerning services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer,
  • Contracts concerning services that have begun to be performed with the consumer's consent before the expiry of the withdrawal period.

For cosmetic and personal care products whose protective elements such as packaging, tape, seal, or package have been opened after delivery, the right of withdrawal cannot be exercised because contact of the product contents with air or use/testing of the product may make the return unsuitable for health and hygiene reasons. In order to exercise the right of withdrawal for cosmetic and personal care products, the product must be unopened, unused, undamaged, and untested.

ARTICLE 8 – CONFIDENTIALITY, PROTECTION OF PERSONAL DATA AND INTELLECTUAL PROPERTY RIGHTS

8.1 The SELLER has taken the necessary technical and administrative measures, within the scope of its own system infrastructure and control, using up-to-date technological capabilities to ensure the security of transactions carried out and data entered through the website. However, during the entry and transmission of data from the BUYER's devices, ensuring endpoint security, including protection against viruses, Trojan horses, and similar malicious software, is the responsibility of the BUYER. The SELLER shall not be held responsible for any data loss or damage arising from security vulnerabilities caused by the BUYER's own hardware or operating system.

8.2 The BUYER's personal data is processed pursuant to Article 5 of the Law No. 6698 on the Protection of Personal Data ("KVKK") for purposes directly related to the establishment and performance of this Agreement, including delivery, payment, and after-sales support processes, and for the fulfillment of the SELLER's legal obligations. Such data may be transferred to courier companies for the delivery of products, e-invoice/e-archive service providers for the maintenance of financial records, and authorized public institutions and organizations as required by applicable legislation. The BUYER may access more detailed information regarding the processing of personal data at any time through the "Online Sales Services Privacy Notice" available on the website.

8.3 Pursuant to Article 11 of the KVKK, the BUYER has the right to access, correct, delete, object to the processing of, and request compensation for damages relating to their personal data. Requests concerning these rights may be submitted to the SELLER in writing through the contact channels specified in Article 1.1 or through other methods permitted under applicable legislation.

8.4 All intellectual property rights relating to any information, content, design, and software on the website belong to the SELLER. Unauthorized use, distribution, or reproduction of materials contained on the website constitutes an infringement of intellectual property rights. The BUYER agrees and undertakes not to infringe the intellectual property rights of the SELLER or third parties while using the website.

ARTICLE 9 – COMPETENT COURTS AND APPLICABLE LAW

9.1 For disputes arising from this Agreement, Consumer Arbitration Committees located at the place where the BUYER purchased the goods or services or at the BUYER's place of residence shall have jurisdiction, within the monetary limits announced annually by the Ministry of Trade.

9.2 For disputes exceeding the monetary jurisdiction limits of the Consumer Arbitration Committees, mediation must be applied for before filing a lawsuit pursuant to Article 73/A of Law No. 6502. If no settlement is reached during the mediation process, the Consumer Courts at the place of residence of the BUYER or SELLER shall have jurisdiction.

ARTICLE 10 – EFFECTIVENESS

10.1 By completing the payment for the order placed through the website, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement. The SELLER is obliged to make the necessary software arrangements to obtain the BUYER's confirmation that the Agreement has been read and accepted on the website before the order is completed.

10.2 This Distance Sales Agreement shall be deemed to have been mutually concluded and entered into force upon the BUYER's confirmation of the order. The Agreement and order summary shall be sent to the e-mail address provided by the BUYER after completion of the order and shall be retained by the SELLER for a maximum period of 3 (three) years in accordance with the applicable legislation.