DISTANCE SALES AGREEMENT
Article 1- Parties to the Agreement:
1.1. Seller
FARMATÜRK İLAÇ MAKİNALARI SANAYİ TİCARET LTD. ŞTİ.
Address: İkitelli OSB Mah. Aykosan 4'lü A Blok Sokak Aykosan 4'lü A Blok Kapı No: 4 Daire No: 219 Başakşehir/ Istanbul
Website: [www.pro1one.com.tr](http://www.pro1one.com.tr)
Email: info@pro1one.com
Phone: +90 531 934 67 27
1.2. Buyer
The End Consumer (CUSTOMER)
Article 2- Subject of the Agreement:
2.1. The Buyer acknowledges and declares that they have been informed about all preliminary information related to the goods/services subject to sale, including the essential characteristics, sale price, payment method, and delivery conditions, as well as the right of withdrawal, and that they have confirmed this preliminary information electronically and then placed the order in accordance with the terms of this agreement.
Additionally, the individual to whom the invoice for the product will be issued is also a party to this agreement. They are responsible for providing accurate, complete, and correct information. The Buyer is deemed to have accepted in advance any damages and responsibilities that may arise from providing incomplete or incorrect information.
2.2. The preliminary information provided on the payment page of the pro1one.com.tr website and the invoice are integral parts of this agreement.
Article 3- Agreement Date and Force Majeure:
3.1. This two-copy agreement, previously signed by the Seller, will be accepted by the Buyer upon signing on ............., and a copy will be emailed to the Buyer's email address.
Situations that were not present or foreseen at the time the agreement was signed, that develop beyond the parties' control, and that make it impossible for one or both parties to partially or fully fulfill their obligations and responsibilities under the agreement, or to do so in a timely manner, will be considered force majeure. The party experiencing the force majeure will immediately notify the other party in writing.
3.2. Force majeure includes but is not limited to natural disasters, war, terrorism, riots, changes in legislative provisions, seizure or strike, lockout, significant malfunctions in production and communication facilities, etc.
During the continuation of the force majeure, the parties will not be held responsible for their inability to fulfill their duties. If the force majeure continues for 30 (thirty) days, each party will have the right to unilaterally terminate the agreement.
Article 4- Delivery Costs and Fulfillment:
4.1. Delivery costs are borne by the Buyer. If the Seller has declared on the website that the delivery cost will be covered by the Seller for purchases above the announced amount, then the delivery cost will be borne by the Seller.
4.2. Delivery will be made as soon as possible after the payment for the goods/services has been credited to the Seller's account and if the stock is available. The Seller will deliver the goods/services within 30 (thirty) days from the order and reserves the right to extend the period by an additional 10 (ten) days with written notice. If, for any reason, the payment for the goods/services is not made or is canceled in the bank records, the Seller is considered to be released from the obligation to deliver the goods/services.
Article 5- Seller's Rights and Obligations:
5.1. The Seller is responsible for delivering the goods/services subject to the agreement in a sound, complete, and conforming manner, in accordance with the specifications stated in the order, and with any relevant warranty certificates and user manuals.
If the goods/services are to be delivered to a person/institution other than the Buyer, the Seller cannot be held responsible if the person/institution does not accept the delivery.
The Seller will accept the return of the goods/services within fourteen (14) days after the declaration of withdrawal reaches the Seller. The Seller will refund the payment for the goods/services, including any valuable documents if applicable, within 10 (ten) days after receiving the returned product. The Seller may, for justified reasons, provide goods/services of equal quality and price to the Buyer before the performance period in the agreement expires.
5.2. If the Seller considers the fulfillment of the goods/services impossible, the Seller will notify the Buyer before the performance period of the agreement expires. Any payment made and documents, if any, will be refunded within 10 (ten) days. Goods/services that are faulty or defective and covered or not covered by a warranty certificate may be sent to the Seller for necessary repair under warranty conditions. In this case, delivery costs will be borne by the Buyer.
5.3. The Buyer must be at least 18 years old. If not, the Seller will assume the age provided by the Buyer in the agreement as correct and will not be held responsible for the incorrect information provided by the Buyer.
If the Buyer does not make payment within 3 (three) days from the order date, the Seller may unilaterally cancel the sale.
Article 6- Buyer's Rights and Obligations:
6.1. The Buyer accepts and undertakes to fulfill the acts assigned to them in the agreement without any deficiencies except in cases of force majeure. Additionally, by placing an order, the Buyer accepts and undertakes that they are deemed to have accepted all the provisions of this agreement.
6.2. The Buyer will inspect the goods/services before receiving them and will not accept any damaged or defective goods/services with dents, breaks, torn packaging, etc., from the shipping company. The goods/services will be considered to be delivered undamaged and in good condition once received. After delivery, the responsibility for careful protection of the goods/services belongs to the Buyer. The invoice on the shipping package must be kept for returns.
6.3. If, after delivery, the relevant bank or financial institution does not pay the Seller the price of the goods/services due to unauthorized or illegal use of the Buyer's credit card by unauthorized persons through no fault of the Buyer, the Buyer is obliged to return the goods/services to the Seller within 3 (three) days, provided that the goods/services have been delivered to them. In this case, delivery costs are borne by the Buyer.
6.4. The Buyer acknowledges and declares that they have read and are informed about all the preliminary information related to the Seller and the goods/services on the pro1one.com.tr website, including the "Right of Withdrawal" and how to exercise this right, product ordering and payment conditions, product usage instructions, precautions taken against possible situations, and warnings, as well as the official authorities to whom they can address complaints and objections, and that they have confirmed this preliminary information electronically.
Article 7- Characteristics of the Goods/Services Subject to the Agreement:
7.1.The type, quantity, brand, model, color, and sales price, including all taxes, of the goods/services are as stated on the product/service promotion page on the pro1one.com.tr website and in the invoice, which is considered an integral part of this agreement.
Article 8- Cash/Deferred Price of the Goods/Services:
8.1. The cash/deferred price of the goods/services is as stated in the sample invoice sent via email at the end of the order and included in the invoice sent to the customer along with the product.
Article 9- Order, Payment, Shipment:
9.1. If the Buyer makes a purchase with a credit card and in installments, the installment form and number selected on the website will apply. In installment transactions, the relevant provisions of the agreement signed between the Buyer and the cardholder bank apply. The credit card payment date is determined according to the provisions of the agreement between the Buyer and the bank. The Buyer can also track the number of installments and payments from the account summary sent by the bank.
9.2. In payments made by wire transfer/EFT, the date of receipt in the account is considered. The order number must be clearly stated on the wire transfer/EFT form.
9.3. The products added to the Buyer's cart are processed through the virtual POS of the bank selected by the Buyer for payment. The Seller will send an order confirmation email to the Buyer before dispatching the order if the payment is approved. The shipment process begins after the order confirmation email is sent.
9.4. In the event of any delay or problems related to the credit card, the Buyer will be informed via the phone/email specified in the agreement. If necessary, the Buyer may be asked to contact their bank. The order processing time is not the moment the order is placed but when the necessary collection has been made from the credit card account or the wire transfer (EFT) has reached the Seller's accounts.
9.5.If it is understood that the goods/services subject to the agreement cannot be supplied due to a justified reason or in the event of a stock problem, the Buyer will be immediately informed in a clear and understandable manner, and another product of equal quality and price may be sent to the Buyer if the Buyer approves, or a new product may be sent according to the Buyer's wishes and choice, or the order may be canceled.
In cases where it becomes impossible to fulfill the delivery obligation for the goods/services subject to the agreement, the Buyer will be informed, and the total amount paid, including any document that has placed them under obligation, will be refunded within 10 (ten) days at the latest, and the agreement will be canceled. In such cases, the Buyer will have no
right to claim any additional material or moral damages from the Seller.
Article 10- Shipment and Delivery Procedure:
10.1. The Seller will deliver the goods/services ordered by the Buyer through the shipping company that undertakes the shipment. The Seller is not responsible for any damage that may occur during the transportation of the goods/services.
10.2. The product ordered by the Buyer will be sent to the Buyer via the courier company to the address specified in the order form. The Seller is not responsible for delays caused by the courier company.
10.3. The Buyer must check the product before accepting it from the courier company. If the Buyer notices any visible damage or defect, the Buyer should inform the courier immediately and record the issue. Otherwise, the product is considered delivered in good condition and accepted.
Article 11- Right of Withdrawal:
11.1. The Buyer has the right to withdraw from this agreement without providing any reason within 14 (fourteen) days of receiving the product or signing the agreement in the case of services.
11.2.The withdrawal period starts on the day the Buyer or a third party designated by the Buyer (other than the carrier) takes possession of the product. For multiple items ordered in a single order but delivered separately, the withdrawal period begins on the day the Buyer or a third party designated by the Buyer takes possession of the last item.
11.3. To exercise the right of withdrawal, the Buyer must notify the Seller by email or another clear declaration. The Buyer must return the product to the Seller within 10 (ten) days from the date the withdrawal notice is sent.
11.4. If the Buyer exercises the right of withdrawal, the Seller will refund the total amount paid by the Buyer, including delivery costs, within 10 (ten) days from the date of receipt of the withdrawal notice. The Buyer will be responsible for the direct costs of returning the product.
Article 12- Products for Which the Right of Withdrawal Cannot Be Exercised:
12.1. The right of withdrawal cannot be exercised for products that are custom-made or clearly personalized, perishable or expired quickly, or products that cannot be returned due to health and hygiene reasons if the protective elements such as packaging, tape, and seals have been opened after delivery.
12.2. The right of withdrawal cannot be exercised for goods that are mixed with other products after delivery and cannot be separated due to their nature, services performed instantaneously in the electronic environment, or products delivered electronically.
12.3.The right of withdrawal cannot be exercised for goods that cannot be returned due to their nature, such as goods with protective elements such as packaging, tape, and seals opened after delivery; services related to accommodation, transportation of goods, car rental, food and beverage supply, and entertainment or leisure activities that must be done on a specific date or within a specified period.
Article 13- Resolution of Disputes:
13.1. In disputes arising from this agreement, the Buyer's domicile court and the Istanbul courts and enforcement offices will have jurisdiction.
Article 14- Final Provisions:
14.1. By placing an order on the website, the Buyer confirms that they have read and understood all the terms and conditions of this agreement, including the preliminary information.
14.2. This agreement will come into force on the date it is accepted electronically by the Buyer.
Seller: FARMATÜRK İLAÇ MAKİNALARI SANAYİ TİCARET LTD. ŞTİ.
Buyer: The End Consumer (CUSTOMER)