1. PARTIES AND SUBJECT MATTER
This Preliminary Information Form includes the information that is required to be given by the Seller before the execution of the Distant Sales Agreement to be concluded with the Seller whose information is given below within the scope of the Law on the Protection of the Consumer No 6502 and the Regulation on Distant Sales Agreements. In addition, in accordance with the Regulation on Distance Contracts, information on the issues in articles 5/1 a, d, g and h is contained in this Preliminary information Form.
2. INFORMATION ON THE SELLER
Seller’s Corporate Name:
Seller’s Mersis No :
Seller’s Phone :
Seller’s Fax :
Seller’s E-mail :
3. BASIC QUALIFICATIONS OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT
3.1. The basic characteristics of the Product /Product /Products/Service (type, quantity, brand/model, color, quantity) are located on the SELLER’s website. The main features of the product are located both on the corresponding page where the product is advertised, on the order summary page, and below.
3.2. The prices listed and announced on the site are the sale price. The announced prices and promises are valid until the update is made and changed. The prices announced for the period are valid until the end of the specified period.
3.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
3.4. Additional fees such as shipping costs, all other taxes, other charges will be paid by the BUYER when the product is shipped.
4. BUYER’S RIGHT OF WITHDRAWAL
4.1. The Buyer may exercise his right of withdrawal within 14 (fourteen) days from the date of receipt of the goods by the Buyer or the third party designated by the Buyer in the agreements regarding the delivery of the products, and within 14 (fourteen) days from the date of the agreement for the service performance, without undertaking any legal and criminal liability and without any justification. The Buyer can also use his right of withdrawal within the period starting from the conclusion of the agreement until the delivery of the goods. As for distance contracts for the provision of services, this period begins from the date of signing the contract. The BUYER’s notification that the right of withdrawal has been exercised during this period will be sent to the SELLER’s address specified above 4.3. it must be directed in the ways specified in the article.
4.2. The BUYER agrees in advance that he has been informed by the SELLER with this Preliminary Information Form before accepting the distance agreement or any corresponding offer. The costs arising from the use of the right of withdrawal belong to the SELLER.
4.3. In order to exercise the right of withdrawal, the SELLER must create a return code from the ”Easy Return” section on the my orders page on the www.surgicallinstruments.com website within 15 (fifteen) days, and within the 7-day period, which is the validity period of the return code, the SELLER whose product is specified by the SELLER to the BUYER. It must be delivered to the cargo company with which it is integrated.
The Buyer accepts, declares and undertakes that he is aware of the fact that he/she cannot use the right of withdrawal in the following cases:
1. Agreements for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or supplier,
2. Agreements related to the products which is prepared in accordance with the consumer’s needs or personal requests,
3. Agreements related to the delivery of goods that may deteriorate quickly or expire,
4. Agreements for the delivery of products whose protective elements such as packaging, tape, seal, package have been opened after the delivery and their return is not suitable for health and hygiene,
5. Agreements for goods that are mixed with other products after delivery and which cannot be separated due to their nature,
6. Agreements related to books, digital content and computer consumables presented in tangible environment in case protective elements such as packaging, tape, seal, package are opened after
delivery of the goods,
7. Agreements for the delivery of periodical publications such as newspapers and magazines, except those provided under the subscription agreement,
8. Agreements related to accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of leisure time for entertainment or recreation purposes, which must be
carried out on a specific date or period,
9. Agreements for services performed instantly in electronic environment or for intangible products delivered to consumers instantly,
10. Agreements for services which are executed with the approval of the consumer before the expiration of right of withdrawal period.
4.4. In case of exercising the right of withdrawal,
4.4.1. The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
4.4.2. Return form
4.4.3. The products to be returned must be delivered in full and undamaged along with the box, packaging, and standard accessories, if any.
4.4.4. The SELLER is obliged to refund the total price to the BUYER within a period of no later than 14 days from the date of receipt of the withdrawal notice. From the moment the right of withdrawal is exercised, the BUYER must also return the product within a 10-day period.
4.4.5 . If there is a decrease in the value of the goods for some reason caused by the BUYER’s defect or if a refund becomes impossible, the BUYER is obliged to compensate the SELLER’s damages at the rate of defect.
4.4.6. If the amount of the campaign limit set by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
5. GENERAL PROVISIONS
5.1. The BUYER has read and received the preliminary information regarding the basic characteristics of the products (type and type, quantity, brand/model, color, unit prices, sales price, payment-collection information, sales price including all taxes and payment method, as well as the right of delivery and withdrawal). accepts that he has information and gives the necessary confirmation-approvals for sales in electronic environment.
5.2. The product subject to the contract, legal 30 (thirty) days period will exceed the distance of the buyer’s settlement with the condition that for each product, depending on the recipient at the address or within the legal period the person/organization contracted by the carrier, the seller is delivered. The SELLER sends and delivers the products he sells to the BUYERS through contracted cargo companies. If the cargo company does not have a branch at the BUYER’s location, the BUYER must pick up the Product from another nearby branch of the cargo company reported by the SELLER. The estimated delivery date of the products specified in the form of ”estimated delivery date” on the website is specified as the estimated delivery date and this statement does not contain any commitment. These products will be delivered to the BUYER no later than 30 days, as specified in the legislation.
5.3. In general, delivery costs (shipping fee, etc.) unless otherwise stated.) It belongs to the BUYER. Depending on the result of the campaigns that the SELLER conducts at the time of sale and declares its terms on the Website, it may not reflect all or part of these delivery costs to the BUYER. (For example, the SELLER has the right to charge the BUYER for the cargo if the amount of the order required for the free shipping application is below the amount due to the exercise of the right of withdrawal in baremli cargo campaigns.)
5.4. If the Products are not available at the BUYER’s personal address at the time of delivery, the SELLER will be deemed to have fully and completely fulfilled his/her performance. In the event that there is no one at the address to pick up the delivery, it will be the BUYER’s responsibility to follow up the shipment of the products by contacting the shipping company. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the fact that it is not located at the address of the person /organization to be delivered or does not accept delivery. In these cases, any damage caused by the BUYER’s late delivery of the Product, as well as expenses incurred due to the fact that the Product was waiting at the shipping company and /or the cargo was returned to the SELLER, also belong to the BUYER.
5.5. The BUYER is responsible for checking the Product as soon as it is delivered and, if he sees a problem caused by the cargo in the product, not accepting the product and making a report to the cargo company official. Otherwise, the SELLER will not accept responsibility.
5.6. If the BUYER has not been otherwise provided by the SELLER in writing, he must have paid the price in full before receiving the Product. If the Product price is not fully paid to the SELLER before delivery in advance sales, and the due installment amount is not paid in installment sales, the SELLER may unilaterally cancel the Contract and not deliver the Product. If, for any reason after the delivery of the product, the bank / financial institution to which the credit card belongs to the transaction has not paid the Product price to the SELLER for any reason, the Product will be returned to the SELLER by the BUYER no later than 3 days with all expenses belonging to the BUYER. All other contractual and legal rights, including tracking that the SELLER will receive the Product price without accepting the refund, are also and in all cases reserved. The SELLER will not be responsible for any payments made to the SELLER by the bank and/or the financial institution, however, if the code is sent unsuccessfully by the bank and/or the financial institution for any reason.
5.7. If the product cannot be delivered within the legal 30-day period due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales /delivery conditions, the SELLER informs the BUYER about the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the state of emergency.
5.8. If the product price has been charged for order cancellations, it will be returned to the BUYER. If the product price is collected in order cancellations, it is returned to the BUYER. In credit card payments made with a refund to a credit card, and the product amount is returned to the relevant bank if the order is canceled by the buyer; Since the reflection of the accounts to the buyer after the return of this amount to the bank is entirely related to the bank transaction, the seller accepts in advance that the buyer is responsible for any delays that may intervene in any way. (It usually takes three weeks for banks to process the refund into the BUYER’s account).
5.9. The SELLER may supply another product / service of equal quality and price by informing the BUYER and obtaining his approval if it is understood that the products subject to the contract cannot be supplied for a justified reason except in exceptional cases, and the subject of the Contract is deemed to have fulfilled his commitment in this way. In cases where the BUYER does not give his consent, the provisions on order cancellation apply.
6. SPECIAL CONDITIONS
6.1. The SELLER may, at its sole discretion, organize various campaigns for BUYERS on the Website at various times to determine the conditions of the SELLER. The fact is that the BUYER has the right to return the products he has purchased for any reason, the right to withdraw, etc. if the conditions of the campaign arranged by the SELLER are not met for any reason, the discount amount / benefit used under the campaign will be canceled and will be deducted from the refund payment to the BUYER.
6.2. If the BUYER can use more than one campaign on the same invoice, the campaigns will not be combined, the BUYER will only be able to use one campaign. The BUYER agrees, declares and undertakes that he will not make any claims in such a case.
6.3. The SELLER reserves the right to stop the campaigns announced on the Website at any time, update them and change the terms of the campaign. The BUYER should review the conditions of each pre-purchase campaign that he will make on the Website.
7. RULES AND CONDITIONS FOR THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL-INDUSTRIAL RIGHTS
7.1. Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698, T.C. ID number, financial data etc. informations;
• take the order, to provide products and services, develop products and services for the solution of systemic problems, perform operations, payment, -if prior approval is given, then – orders, products, services and marketing activities to be used for membership management and maintenance and updating of information to the recipient, the distance sales contract between buyer and seller with contracts and other established for the purpose of performance and 3. in order to ensure that the technical, logistics and other similar functions of persons are performed on behalf of the SELLER, they can be stored indefinitely/ permanently bythe SELLER, SELLER’s subsidiaries and third parties and/ or organizations, stored in written / magnetic archives, used, updated, shared, transferred and processed in other ways.
7.2. In accordance with the regulations applicable to recipients of all kinds of products and services for publicity, advertising, communication, promotion, sales and marketing for the purposes of credit card and membership information, process, applications to the seller by SMS/text message, instant notification, automatic search, computer, phone, email/mail, fax, and other electronic communication tools can be made with commercial electronic communications, the buyer adopted sending commercial electronic messages.
7.3. The necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the SELLER’s own system infrastructure to the extent of today’s technical possibilities according to the nature of the information and transaction. However, since the information in question is entered from the RECIPIENT’s devices, the RECIPIENT is responsible for taking the necessary measures, including those related to viruses and similar harmful applications, to ensure that they are protected by the RECIPIENT and cannot be accessed by unrelated people.
7.4. The BUYER may contact the SELLER via the specified communication channels and request that their data use-processing and/or communication be stopped at any time. Purchaser of the clear statement in this regard in accordance with the personal data processes and/or within the maximum period is stopped on the side of legal communications; it also wills, legal storage requirements and/or possible data recording information is deleted from the system except the ones identity or anonymized so that is not certain. If the buyer wants, the processing of their personal data-related operations transferred persons, missing or incorrect information to be corrected and the corrected informing relevant third parties of the data, the deletion or destruction, by using the analysis of automated systems, against him, the result of the appeal, in the case of incurring losses due to unlawful processing of data on issues such as the elimination can get information and you can refer to the dealer each time. These applications will be examined and returned to the BUYER within the legal period within the periods stipulated by the legislation.
7.5. All information and content of the internet site them with the editing, revision and partially/fully in use; all except those who belong to other third parties according to the agreement the seller’s intellectual-property rights and property rights …………… Belongs to the company.
8. EVIDENCE AGREEMENT AND AUTHORIZED COURT
8.1. The SELLER’s records (including records in magnetic media such as computer-audio recordings) constitute definitive evidence for the resolution of any dispute that may arise from this Agreement and/or its application. The parties have agreed that in disputes arising from the application and interpretation of the Contract, the Consumer Courts of the BUYER and SELLER will be competent in cases exceeding the Consumer Arbitration Panels at the place of residence of the BUYER and SELLER within the monetary limits established by the legislation in the Consumer Courts of the BUYER and SELLER.
9. DISPUTE RESOLUTION
9.1. The Consumer Arbitration Committees and the Consumer Courts in the place where the BUYER purchased the Goods or Services and where the residence is located, are authorized up to the value
declared by the Ministry of Industry and Trade, in the implementation of this Preliminary Information and in the resolution of any disputes arising from this contract. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Consumer Protection Law No. 6502.