Distance Sales~

Agreement

 

By ordering a product offered for sale on the www.jijivishacosmetics.com website, the Buyer accepts the entirety of this Agreement, which they were informed about before placing the order.

The Seller reserves the right to unilaterally amend the provisions of this General Agreement. However, the provisions of the Agreement valid at the time the order is placed by the Buyer shall apply to the relevant order.

The sales agreement is a virtual sales contract between JIJIVISHA COSMETICS and the customer.

Terms and Conditions

Article – 1: SUBJECT

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the provisions of the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, ordered electronically by the Buyer from the Seller’s website www.jijivishacosmetics.com.

Article – 2: SELLER INFORMATION

Title: HARMONI KOZMETIK SANAYI VE TICARET A.Ş. (Hereinafter referred to as “Jijivisha Cosmetics” or “SELLER”)

Address: Perpa Trade Center A Block 5th Floor No:183 Okmeydanı-Istanbul

Phone: +90 212 255 00 84 Fax: +90 212 255 00 96

Product Return Address: HARMONI KOZMETIK SANAYI VE TICARET A.Ş./ Perpa Trade Center A Block 5th Floor No:183 Okmeydanı-Istanbul

Article – 3: BUYER INFORMATION

All buyers who become members of Jijivisha Cosmetics (www.jijivishacosmetics.com) e-commerce store and shop. (Hereinafter referred to as “BUYER” or “CUSTOMER”).

Article – 4: CONTRACT SUBJECT AND PRODUCT INFORMATION

The Type, Quantity, Brand/Model, Color, Number, Sales Price, and Payment Method of the Goods/Product or Service are as stated on the site, and these promises may change without notice to the Buyer. The color of the purchased Product may differ from the image on the site.

Article – 5: GENERAL PROVISIONS

5.1. The Buyer declares that they have read and been informed about the basic characteristics of the product subject to the contract as specified on the website, the sales price including all taxes, the delivery period, and the Seller’s full trade name, registered address, and contact information, and that they have given the necessary confirmation electronically.

5.2. The Seller is not responsible for any direct or indirect damages that may arise due to the use of the website or mobile application and other data and programs, based on breach of contract, tort, or other reasons. The Seller does not accept any responsibility for issues such as interruption of the transaction, error, omission, deletion, loss, delay of transaction or communication, computer virus, failure in telecommunication lines, communication error, theft, destruction, or unauthorized access, alteration, or use of records resulting from breach of contract, tort, negligence, or other reasons.

5.3. The Seller reserves the right to change, reorganize, and discontinue publication of any service, product, usage conditions, and information presented on the website and/or mobile application without prior notice. Changes take effect on the date of publication on the website and/or mobile application. The Company recommends that the Buyer visit the legal notice page each time they log in to the website and/or mobile application. These terms also apply to other linked websites.

5.4. The website and mobile application may contain links or references to other websites not under the Seller’s control. The Seller is not responsible for the content of these sites or other links they contain.

5.5. The Seller is the owner or licensee of all materials and related intellectual and industrial property rights, including the general appearance and design of the website and mobile application, all information, images, trademarks, domain names, logos, icons, demonstrative, written, electronic, graphic, or machine-readable technical data, computer software, sales system, business method, and business model, and all such materials are legally protected. None of the materials on the website and/or mobile application, including but not limited to code and software, may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, mailed, transmitted, presented, or distributed without prior permission and citation. Unauthorized use of all or part of the website and/or mobile application on another website or mobile application is prohibited. In case of any contrary situation, the Seller reserves all rights not expressly stated herein, including legal and criminal liability.

5.6. The Buyer’s personal information may only be disclosed to official authorities if such information is duly requested by the authorities and if the Seller is obliged to disclose under the mandatory provisions of the applicable legislation.

5.7. The product subject to the contract will be delivered by the Seller’s contracted courier company to the Buyer or the person/institution indicated by the Buyer within the period specified in the preliminary information on the website, depending on the distance of the Buyer’s residence, provided that it does not exceed 30 days from the date of order. Any shipping/delivery charges related to the delivery are borne by the Seller.

5.8. If the product(s) subject to the contract are to be delivered to a person/institution other than the Buyer, the Seller cannot be held responsible for the refusal of delivery by the person/institution to whom the delivery is made and for any resulting damages.

5.9. The Seller cannot be held responsible for any damages and/or non-delivery of the product(s) to the Buyer arising from the errors and omissions of the courier company responsible for shipment during delivery to the Buyer.

5.10. The Seller is responsible for delivering the product(s) subject to the contract intact, complete, in accordance with the specifications stated in the order, and together with any warranty documents and user manuals, if any.

5.11. If the performance of the product or service subject to the order becomes impossible, the Seller shall notify the Buyer before the expiry of the contractual performance period and may supply a different product of equal quality and price to the Buyer, if available in stock.

5.12. If, after delivery of the product(s), the Buyer’s credit card, debit card, or other payment systems offered on the website and mobile application are used unfairly or unlawfully by unauthorized persons, not due to the Buyer’s fault, and the relevant bank or financial institution does not pay the product price to the Seller, the Buyer is obliged to return the relevant product to the Seller within 3 (three) days, provided that it has been delivered to them. Otherwise, the Buyer accepts and undertakes that all legal action will be taken against them.

5.13. If the purchased product or service is not available in the stock of the supplier company from which the Seller receives service, and there is no equivalent product of equal quality and price, the Seller reserves the right to refund the price paid by the Buyer.

5.14. If the Seller cannot deliver the product subject to the contract on time due to force majeure or extraordinary circumstances such as weather conditions preventing shipment, interruption of transportation, etc., the Seller is obliged to notify the Buyer of the situation. In this case, if the Buyer cancels the order, the amount paid shall be refunded to them in a lump sum within 14 (fourteen) days using the payment method used at the time of purchase.

5.15. In payments made by the Buyer using a credit card, the amount of the product(s) shall be refunded to the relevant bank within 14 (fourteen) days after the cancellation of the order by the Buyer. Since the reflection of this amount to the Buyer’s account after being refunded to the bank depends entirely on the bank’s transaction process, the Buyer accepts in advance that the Seller cannot intervene in possible delays in any way and that the reflection of the refunded amount by the bank to the Buyer’s account may take an average of 2 to 3 weeks.

5.16. The Seller reserves the right to cancel purchases exceeding the Buyer’s needs made through the website. In wholesale purchases exceeding the Buyer’s needs, if more than 3 (three) products are purchased, the Seller reserves the right to cancel the order completely or only deliver 3 (three) products within the retail purchase limit.

5.17. In the event that the transaction related to the amount of the relevant purchase made by the Buyer with a credit card cannot be carried out due to 3 (three) incorrect password entries, the Seller has the right to request all kinds of information and documents, including visual tools confirming identity and credit card details, from the Buyer. If the Buyer fails to provide such information and documents, provides them incompletely, or if the provided information and documents do not match the order information, the Seller has the right to cancel the relevant order immediately without any responsibility or compensation liability.

5.18. If the product prices are clearly erroneous, written at a price far below the market value that an average person would recognize as a mistake, the Seller has the right to cancel all orders placed at such incorrect prices. In such a case, the Buyer accepts and declares that they will not make any rights or claims due to an obvious error.

Article – 6: RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw within 14 (fourteen) days from the delivery of the product(s) subject to the contract to themselves or to the person/institution they have indicated, without giving any reason. In case of exercising the right of withdrawal, the returned products must be sent back with the courier company contracted by the Seller, which will be announced on the website. The costs arising from the exercise of the right of withdrawal and the courier costs of returning the product(s) via the Seller’s contracted courier company shall be borne by the Seller.

To exercise the right of withdrawal, notification must be made to the Seller by fax, phone, or e-mail within 14 (fourteen) days, and the product must be suitable for withdrawal use in accordance with Article 6 provisions and be in a condition to be resold by the Seller. If this right is exercised,

6.1. The Buyer must send the invoice of the delivered product together with the products to be returned. If the original invoice is not sent by the Buyer, the product/service cannot be returned. If the product is returned without an invoice, it will be sent back with the shipping fee to be paid by the Buyer. If the invoice of the product to be returned is issued on behalf of institutions, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced on behalf of institutions cannot be completed unless a return invoice is issued.

6.2. The product(s) to be returned must be delivered completely and undamaged, together with the return form, the box, packaging, standard accessories, if any, and any other promotional products delivered with the product, if any.

6.3. The products to be returned must be delivered completely and undamaged, together with the box, packaging, standard accessories, if any, within 14 days from the date of withdrawal notification, to the Seller’s product return address specified in the first article. The Seller shall refund all payments made for the product(s) within 14 (fourteen) days after the returned product(s) are received.

Article – 7: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Within the framework of Article 15 of the “Distance Contracts Regulation” published in the Official Gazette on 27.11.2014, the Buyer cannot exercise the right of withdrawal for the following products:

7.1. Products whose prices depend on fluctuations in financial markets and are beyond the control of the Seller or provider.

7.2. Products prepared in line with the Buyer’s requests or personal needs.

7.3. Products that may perish quickly or whose expiration date may pass. Products whose protective elements such as packaging, tape, seal, or package have been opened after delivery, and whose return is not suitable in terms of health and hygiene.

7.4. Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.

7.5. Contracts for books, digital content, and computer consumables presented in material form whose protective elements such as packaging, tape, seal, and package have been opened after delivery.

7.6. Contracts for periodicals such as newspapers and magazines, except those provided under a subscription agreement.

7.7. Contracts regarding accommodation, transportation of goods, car rental, supply of food and beverages, and leisure activities to be performed on a specific date or period for entertainment or rest.

7.8. Contracts regarding services performed instantly in electronic environment or intangible goods instantly delivered to the Buyer.

7.9. Contracts regarding services that have started to be performed with the Buyer’s approval before the withdrawal period expires.

Article – 8: COMPETENT COURT

The Consumer may apply to the Provincial and District Consumer Arbitration Committees or Consumer Courts in the place where they purchased the goods or services or where they reside, within the monetary limits determined annually by the Ministry of Customs and Trade in December, regarding complaints and objections.