DISTANCE SALES AGREEMENT

DISTANCE SALES AGREEMENT

PRELIMINARY INFORMATION
ARTICLE 1 SELLER INFORMATION
ARTICLE 1.1 – SELLER
Company Name: Polente Cosmetics Industry and Trade Ltd. Address: Şerifali Mah. Yunus Sokak 29/A Ümraniye/Istanbul
Phone: 0 850 241 03 09
Email address: info@polentenatural.com
ARTICLE 1.2 – BUYER
The customer is the person who registers on the www.polentenatural.com shopping site. The address and contact information used during registration will be considered the primary source.
ARTICLE 2 CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE
The basic characteristics of the goods or services can be found at www.polentenatural.com.
The prices listed and advertised on the site are the selling prices. Advertised prices and terms are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.
The information consists of the type, quantity, brand/model, color, number of items, sales price, payment method of the goods/product/service, and the details at the time the order is finalized.
The shipping cost, if applicable, will be paid by the BUYER and is non-refundable.
ARTICLE 3 GENERAL PROVISIONS
3.1) The BUYER declares that they have read and are aware of the basic characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the website www.polentenatural.com, and that they have provided the necessary confirmation electronically. By confirming this Preliminary Information electronically, the BUYER also confirms that they have received accurate and complete information from the SELLER regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information, which must be provided to the BUYER before the conclusion of distance contracts.
3.2) The product subject to this contract will be delivered to the BUYER or the person/organization at the address indicated, within the time frame specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that this period does not exceed the legal 30-day limit.
3.3) The SELLER cannot be held responsible for the inability to deliver the ordered product to the BUYER due to any problems the shipping company may encounter during the delivery process.
3.4) The SELLER is responsible for shipping orders within 2 business days. The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and including any warranty documents and user manuals, if applicable.
3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from this contract.
3.6) If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance period arising from the contract and refund the total amount to the BUYER within 10 days.
3.7) Confirmation of this Preliminary Information Form electronically is required for product delivery. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
3.8) If, after delivery of the product, the bank or financial institution fails to pay the SELLER the product price due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs shall be borne by the BUYER.
3.9) If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 days. For payments made by credit card, the product amount will be returned to the relevant bank within 7 days of the BUYER's cancellation of the order. Since the reflection of this amount in the BUYER's account after the return to the bank is entirely related to the bank's processing time, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
ARTICLE 4 RIGHT OF WITHDRAWAL
The BUYER may exercise their right to withdraw from distance contracts relating to the sale of goods within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/entity at the address indicated, without incurring any legal or criminal liability and without giving any reason. In distance contracts relating to the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER.
To exercise the right of withdrawal, a written notification must be sent to the SELLER within 14 days by registered mail, fax, or email, and the product must be unused in accordance with the provisions of Article 5. If this right is exercised,
a) The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Returned products must be delivered complete and undamaged, including the box, packaging, and any standard accessories.
d) The SELLER is obligated to return the total amount and any documents obligating the BUYER to debt within a maximum of 10 days from the date of receipt of the cancellation notice, and to retrieve the goods within 20 days.
(e) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obligated to compensate the SELLER for the damages in proportion to the fault.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.
g) The shipping cost incurred when returning a product due to the right of withdrawal to the seller is the responsibility of the BUYER.
h) The SELLER will not refund the shipping fee collected from the BUYER when selling the product.
ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods prepared according to the BUYER's requests or explicitly tailored to their personal needs, which are unsuitable for return due to their nature and are susceptible to rapid deterioration or have a high probability of exceeding their expiration date, as well as audio or video recordings, software programs, and computer consumables whose packaging has been opened by the BUYER, cannot be returned in accordance with the Regulation.
In the application of this Preliminary Information, the Consumer Arbitration Boards and Consumer Courts in the place where the BUYER purchases the goods or services and where they reside, up to the value announced by the Ministry of Industry and Trade, shall have jurisdiction.
Sellers may submit complaints and objections to the consumer dispute arbitration board or consumer court in the place where they purchased the goods or services or where they reside, within the monetary limits determined annually in December by the Turkish Ministry of Industry and Trade. Information regarding the monetary limits is as follows:
Effective from January 1, 2016:
a) The lower monetary limit for decisions of consumer dispute arbitration boards to be binding and to be used as evidence in higher or consumer courts, as stipulated in paragraphs 5 and 6 of the amended Article 22 of Law No. 4077 on Consumer Protection, is 2,320.00 TL.
b) According to the third paragraph of Article 5 of the Regulation on Consumer Dispute Resolution Boards, published in the Official Gazette dated 1/8/2003 and numbered 25186, the lower monetary limit for provincial arbitration boards operating in provinces with metropolitan status to be responsible and authorized to handle disputes is 3,480.00 TL.
This preliminary information is provided for commercial purposes.
DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
1.1 – SELLER
Company Name: Polente Cosmetics Industry and Trade Ltd. Address: Şerifali Mah. Yunus Sokak 29/A Ümraniye/Istanbul
Phone: 0 850 241 03 09
Email address: info@polentenatural.com
1.2 – BUYER
A person who is a member of the www.polentenatural.com shopping site as a customer.
The address and contact information provided during registration will be used as the basis.
ARTICLE 2 – SUBJECT
The subject of this agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER from the SELLER's website www.polentenatural.com, and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts.
ARTICLE 3 – SUBJECT OF THE AGREEMENT
The information consists of the type, quantity, brand/model, color, number of items, sales price, payment method of the goods/product/service, and the details at the time the order is finalized.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that they have read and are aware of the preliminary information regarding the essential characteristics of the product, the sales price including all taxes, the payment method, delivery and the fact that the delivery costs will be borne by the BUYER, the delivery period, and the full trade name, address, and contact information of the SELLER on the website www.polentenatural.com, and that they have provided the necessary confirmation electronically.
By confirming this agreement electronically, the BUYER confirms that, prior to the conclusion of distance contracts, they have received accurate and complete information from the SELLER regarding the address, essential characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.
4.2 The product subject to this contract will be delivered to the BUYER or the person/entity at the address indicated, within the time frame specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that this period does not exceed the legal 30-day limit. All shipping costs related to the delivery shown in Article 3 will be borne by the BUYER and will be reflected on their invoice under the name "Shipping Fee".
4.3 If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.
4.4 The SELLER cannot be held responsible for the inability to deliver the ordered product to the BUYER due to any problems the shipping company may encounter during the delivery process.
4.5 The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and, if applicable, with warranty documents and user manuals.
4.6 The SELLER may, provided there is a justifiable reason, supply the BUYER with a different product of equal quality and price before the expiration of the performance obligation arising from this contract.
4.7 If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance period arising from the contract and may supply the BUYER with a different product of equal quality and price.
4.8 Delivery of the product subject to this contract is conditional upon the SELLER receiving a signed copy of this contract and payment being made by the BUYER using their preferred payment method. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed released from the obligation to deliver the product.
4.9 The BUYER acknowledges and agrees that the credit card information provided during the purchase is accurate and that they are solely responsible for all legal and criminal liabilities arising from the use of this credit card. If, after delivery of the product, the bank or financial institution fails to pay the SELLER the product price due to the unauthorized or illegal use of the BUYER's credit card by unauthorized persons, whether or not caused by the BUYER's fault, the BUYER is obligated to return the product to the SELLER within 3 days of delivery. In this case, the shipping costs shall be borne by the BUYER. If the BUYER fails to return the product, and the product price is not charged to the credit card for any reason, or if the product price is refunded to the credit card, the BUYER acknowledges and agrees that the product price will be transferred to the SELLER's bank accounts without any further notice.
4.10 If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 days.
4.11 Points awarded to a customer by the SELLER through a campaign are valid for one purchase only. These points are non-refundable, even if the product is returned.
In cases where the BUYER makes a payment by credit card, the product amount will be refunded to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount in the BUYER's account after the refund to the bank is entirely related to the bank's processing time, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 days of delivery of the product to himself or to the person/organization at the address he indicated, without having to give any reason.
However, returns are not accepted for products that are specially prepared, offered for sale and/or imported for specific occasions such as New Year's, holidays, Mother's Day, and for campaign and promotional products; the BUYER accepts these conditions by making the purchase.
To exercise the right of withdrawal, notification must be given to the SELLER by fax or email within 14 days, and the product must be unused in accordance with the provisions of Article 6. If this right is exercised,
a) The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Products returned within the 14-day period must be delivered complete and undamaged, including the box, packaging, and any standard accessories. The product price will be refunded to the BUYER within 10 days of the SELLER receiving these documents.
The shipping cost for products returned due to the right of withdrawal will be borne by the BUYER. The SELLER will not refund the shipping fee collected from the BUYER when selling the product.
When returning the product to the SELLER, the original invoice presented to the BUYER upon delivery of the product must also be returned (to ensure consistency in our accounting records). If the invoice is not sent to the SELLER along with the product, or at the latest within 5 days of shipment, the return process will not be completed, and the product will be returned to the BUYER via cash on delivery. The invoice to be returned with the product must also be marked "return invoice" and signed by the BUYER.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Due to their nature, disposable products, software and programs that can be copied, and products that spoil quickly or are likely to expire are not eligible for return.
The following products can be returned provided that their packaging is unopened and undamaged, and that the product has not been used or tested.
All kinds of cosmetic products
Underwear Products
All Kinds of Personal Care Products
All kinds of software and programs
DVDs, VCDs, CDs, and cassettes
Magazines and Newspapers
Concert and Event Tickets
Computer and stationery supplies (toner, cartridges, ribbons, etc.)
ARTICLE 7 – DEFAULT BY THE DEBTOR
In the event of the BUYER's default, the BUYER agrees to indemnify the SELLER for all damages and losses incurred due to the delayed performance of the debt. If the BUYER's default is due to the SELLER's fault, the BUYER shall not be obligated to compensate the SELLER for any damages or losses.
ARTICLE 8 – COMPETENT COURT
In the application of this Preliminary Information, the Consumer Arbitration Boards and Consumer Courts in the place where the BUYER purchases the goods or services and where they reside, up to the value announced by the Ministry of Industry and Trade, shall have jurisdiction.
Sellers may submit complaints and objections to the consumer dispute arbitration board or consumer court in the place where they purchased the goods or services or where they reside, within the monetary limits determined annually in December by the Turkish Ministry of Industry and Trade. Information regarding the monetary limits is as follows:
Effective from 28/05/2014;
a) In accordance with Article 68 of Law No. 6502 on Consumer Protection, applications must be made to district consumer arbitration boards for disputes with a value below 2,320.00 TL, to provincial consumer arbitration boards for disputes with a value below 3,480.00 TL, and in provinces with metropolitan status, to provincial consumer arbitration boards for disputes between 2,320.00 TL and 3,480.00 TL. Applications cannot be made to consumer arbitration boards for disputes exceeding these values.
b) For disputes exceeding the specified amount, applications must be made to the Consumer Court, or, in locations where a Consumer Court does not exist, to the Civil Court of First Instance acting as a Consumer Court.
This information is provided for commercial purposes.
Please Note: Before signing the delivery receipt, please check your package for any damage during transport. If your package is damaged for any reason, please return the package to the courier and request a damage report be filed without signing any delivery documents. We will immediately send you new products. www.polentenatural.com is not responsible for any damage or missing items in packages that have been delivered with damage.