DISTANCE SALES CONTRACT
ARTICLE 1- PARTIES
1. 1. Identity, contact and trading information of the parties.
Title: ARB SAĞLIK TURİZMİ LTD ŞTİ.
Address: İçerenköy, Çayıryolu Sokak No:5 34752 Ataşehir/İstanbul
Phone: +90 542 238 57 15
Email: [email protected]
Mersis Number: 0073064536800001
All members, all purchasers who became members and shopped through Drpilus company’s e-commerce shop drpilus.com (From now on will be mentioned as “PURCHASER” or “CUSTOMER”)
1.2. When the contract for the service subject to the contract is approved, the buyer undertakes to undertake the expenses such as service fee, shipping fee, tax payment that will arise with this contract.
ARTICLE 2- SUBJECT
2.1. The subject of this contract is the detection of rights and obligations of the parties, in accordance with the provisions of the Turkish Code of Obligations and the Regulation on Distance Contracts, regarding the sale, performance, return, dispute situations of the service, whose qualifications and sales price are specified below, which are approved electronically on the SERVICE PROVIDER's website www.drpilus.com.
2.2. With this contract, the BUYER accepts that he/she approves it with his/her free and open will that he/she has read and understood this information in accordance to the Turkish Code of Obligations, that he/she has reviewed the text of the contract and completed the service contract on this information, that the campaign information and details about the service are shared on the site in accordance with the environment and that he/she has chosen the service within the framework of this information, that he/she has read the text of this contract and that he/she has received the information on the address and title of the SERVICE PROVIDER, the characteristics of the service subject to the contract, the service fee including tax, the payment method, the obligations arising from the contract, the conditions regarding the exercise of the right of withdrawal, which authorities will be in charge in case of dispute, and the relevant information on the site.
2.3. The contract is deemed to be established when the BUYER has read and approved the distance sales contract and the contract price is transferred to the account of the SERVICE PROVIDER and ends with the delivery of the selected service.
ARTICLE 3- INFORMATION REGARDING THE CONTRACT PRODUCT AND PAYMENT
3.1. The information of the service subject to the contract is clearly stated on the website of the SERVICE PROVIDER. By approving this contract, the BUYER accepts that he/she has read and knows the information and features of the service in detail from the website of the SERVICE PROVIDER. If the service is within the scope of a campaign, the conditions and dates of said campaign are shared among the information regarding the service, and the date and time when the BUYER approves the order after reading and accepting the provisions of this contract are taken into account, not the date and time when the BUYER starts to create the order. The time and method of payment are specified in the continuation of this contract, and a payment plan has been created in line with the explicit will of the parties. The sales price of the contracted service, including taxes, is clearly stated on the website.
3.2. The BUYER is obliged to pay approximately €200 of the service fee as a service prepayment, when he approves this contract electronically. The balance service fee must be paid 1 day before the service takes place. If the full payment is not made within the aforementioned period, the contract shall be deemed to have been terminated unilaterally by the BUYER and withdrawn from the contract. In such a case, the SERVICE PROVIDER records the service prepayment made by the BUYER as compensation for withdrawal and issues an invoice to the BUYER for the amount recorded as revenue/income. The BUYER accepts, declares and undertakes in advance that he will not demand the return of the service prepayment, regardless of the reason/cause.
3.3- Payment Method:
3.3.1. Transaction with Credit Card: The BUYER must fill in the credit card information completely and without error in the relevant sections in order to pay by credit card. Payment can be made in one payment with a credit card, or by dividing it into a number of installments that can be determined within the scope of the campaigns.
On the order summary page, there is information about the number of installments the order total can be paid.
By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank and if the SERVICE PROVIDER is aware of it, information about the campaigns will be provided on the website.
Your bank will reflect the service total on your credit card summary by dividing it by the number of installments starting from the cutoff date of your credit card. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
On the other hand, due to the fact that installment sales are made only with the credit cards of the Banks, the BUYER accepts, declares and undertakes that he/she will confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding the interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the provisions of the legislation in force.
ARTICLE 4- RIGHT OF WITHDRAWAL According to the service provided, there is no right of withdrawal from this sales contract pursuant to Article 15 (g) of the Regulation on Distance Contracts, and the sales made are final and non-refundable as a rule. Article 3.2. of the contract provision is reserved.
ARTICLE 5- GENERAL PROVISIONS
5.1. With this contract, the BUYER declares that he has examined the contracted service on the website and accepted it with the specified features, to make the payment of the service in accordance with the conditions, that the information given by him is correct, otherwise he will be responsible for the problems to be experienced and he gives the necessary confirmation in the electronic environment.
5.2. SERVICE PROVIDER undertakes that it will fulfill the obligations imposed on it by the Turkish Code of Obligations and the Regulation on Distance Contracts, with the exception of force majeure, and that the service subject to this contract will be arranged in accordance with the features specified on the site.
5.3. The content of the service may change during the service, depending on the team dynamics of the SERVICE PROVIDER or for any other reason. SERVICE PROVIDER reserves the right to change the service day, time, place and doctor described in the program. In both cases, the BUYER is not entitled to a refund. However, in the event that this right is exercised by the BUYER, priority will be given to the availability of the SERVICE PROVIDER and non-refunding of the fee will be considered as a last resort.
5.7. The parties accept that the provisions of the Agreement do not have a feature that can be considered unfair, and that there is no injustice in terms of the balance of interests.
5.8. It is clearly stated whether taxes will be included in the contract price of the service. The payment of taxes belongs to the BUYER in any case, and this amount will be included in the total price to be paid and will be collected from him.
5.9. In case the BUYER cannot be reached through the information provided by the BUYER, the SERVICE PROVIDER may cancel this contract by specifying the details on the site so that both parties are not harmed.
5.10. Due to the content of the distance service sales contract, the SERVICE PROVIDER will only be able to understand whether the BUYER has the capacity to conclude a contract with the information shared on the site and the approvals he/she has made. For this reason, the SERVICE PROVIDER is not responsible for any damages that may occur due to the fact that the person who approves this contract does not have the capacity to conclude a contract. For this reason, the SERVICE PROVIDER cannot be held responsible and cannot be expected to endure the non-payment of the required payment, and in these cases, the BUYER and its legal representative are responsible.
5.11. In order for the BUYER to receive the service subject to the Contract, the price of this contract must be paid in the form of payment preferred by the BUYER. If, for any reason, the service fee is not paid or canceled in the bank records, the SERVICE PROVIDER shall be deemed to be relieved of its obligation to provide the service.
5.12. If the relevant bank or financial institution fails to pay the service fee to the SERVICE PROVIDER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the SERVICE PROVIDER shall be relieved of its obligation to provide services.
5.13. If the SERVICE PROVIDER, for any reason, thinks that it cannot provide the service subject to the service contract on the promised date, it shall immediately notify the BUYER of this situation and may request that the service be postponed until another date when it can be provided. In this case, the BUYER accepts, declares and undertakes that he will not make any requests such as cancellation of the contract or refund under any name.
5.14. The BUYER agrees to campaign information and advertisements to be sent to the telephone and e-mail addresses shared with the SERVICE PROVIDER. If he/she wishes to stop sharing this information with the SERVICE PROVIDER, he/she may contact the SERVICE PROVIDER and request that the information sharing be stopped.
5.15. The BUYER shows the care expected from him while using the website he has contacted with the SERVICE PROVIDER and during the service subject to the service contract. He is responsible for the problems and troubles that may occur during the use of the website and accepts that the SERVICE PROVIDER has no punishable or legal liability.
5.16. Access to the website where the SERVICE PROVIDER promotes and sells its products and services can be provided by sharing a link over the websites designed and used by third parties. In such cases, the SERVICE PROVIDER is not responsible for the security of the link shared on the sites under the auspices of third parties. The BUYER is responsible for the losses incurred by the BUYER as a result of the links visited by considering that they belong to the SERVICE PROVIDER. If there are differences between the advertisements on these sites and the promotions on the SERVICE PROVIDER's own site, the buyer accepts that the SERVICE PROVIDER's own site will be taken as a basis.
5.17. The BUYER cannot share anything that will disturb the SERVICE PROVIDER and third parties and harm their personal rights, cannot use the site for any purpose other than its legal purpose, cannot upload transmitters, viruses, programs and such virtual harmful software through the website of the SERVICE PROVIDER. The BUYER accepts and undertakes that he will be responsible for the damages that may arise in such cases. In the event that the SERVICE PROVIDER takes such damages to legal remedy, the BUYER again will be responsible.
5.18. The BUYER cannot expect a tax deduction from the SERVICE PROVIDER and cannot claim that the tax that will arise during the sale of the service will not be paid by him.
5.23. Your address at the beginning of this Agreement will be considered as your legal residence address, and all notifications and notifications to be made by the SERVICE PROVIDER to you due to this Agreement will be made to your aforementioned domicile address or to the e-mail address you have specified. In case of any change in your residential address or e-mail address, if you do not notify the SERVICE PROVIDER in writing within 7 (seven) days, any notification to these addresses will have all legal consequences of a valid notification.
ARTICLE 5-Force Majeure
Situations that are not present or unforeseen at the date of signing the contract, developing beyond the control of the parties, and which make it impossible for one or both of the parties to partially or completely fulfill the obligations and responsibilities they have undertaken under the contract or to fulfill them on time, will be considered as a force majeure (natural disaster, war, terrorism, insurrection, epidemic, etc.) situation. The party in the person of force majeure shall notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not be liable for failure to fulfill their obligations. This force majeure situation does not give the parties the right to demand the termination of the contract and to request a refund to the BUYER. In case of force majeure, one of the parties may request in writing to postpone the service subject to the service contract to a later date following the end of the force majeure.
ARTICLE 6 - EVIDENCE AGREEMENT
The BUYER, in case of disputes that may arise from this contract, accepts, declares and undertakes that the official books and commercial records, the electronic information and computer records in the database and servers of the SERVICE PROVIDER, will constitute binding, definitive and exclusive evidence, and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 7- DISPUTES AND AUTHORIZED COURT
In disputes that may arise regarding this contract; Istanbul Anatolian Courts and Enforcement Offices are authorized, taking into account the location of the company headquarters where the service will be provided; The applicable law is Turkish Law.
This contract has been read by the parties and signed by the BUYER electronically on the transaction date and has started its validity.