PARTIES
ARTICLE 1: This Distance Sales Contract has been concluded electronically between the BUYER and the SELLER in accordance with the provisions of Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. Under the Contract, the Buyer and the Seller will be referred to together as the “Parties” and individually as a “Party”.
DEFINITIONS
ARTICLE 2
BUYER: the natural person who acquires, uses or benefits from Goods or a Service for non-commercial or non-professional purposes,
MINISTRY: the Ministry of Trade of the Republic of Türkiye,
BANK: licensed institutions established under Banking Law No. 5411,
LAW: Consumer Protection Law No. 6502,
SHIPPING COMPANY: the contracted shipping or logistics company that delivers the Product to the Buyer and, in return processes, collects it from the Buyer and delivers it to the Seller,
PRELIMINARY INFORMATION FORM: the form prepared to inform the Buyer of the minimum matters specified in the Regulation before the Contract is concluded or before any corresponding offer is accepted by the Buyer,
PLATFORM: the www.carewithki.com website,
SELLER: Kİ İLAÇ SANAYİ VE TİCARET LİMİTED ŞİRKETİ
(Tax ID: 5620987089)
Address: Kazımdirik Mah. Süvari Cad. No: 52 İç Kapı No: 3 Bornova / İZMİR
PRODUCT: food supplements, organic pads, personal care and similar products offered for sale on the www.carewithki.com website,
REGULATION: the Regulation on Distance Contracts.
SUBJECT AND SCOPE OF THE CONTRACT
ARTICLE 3: The subject of the Contract is the determination, under the provisions of the Law and the Regulation, of the Parties' rights and obligations regarding the sale and delivery of the Product/Service with the characteristics specified in the Contract, which the Buyer has ordered electronically for purchase from the www.carewithki.com platform; the Parties accept, declare and undertake that they know and understand their obligations and responsibilities arising from the Law and the Regulation under the Contract.
PRELIMINARY INFORMATION FORM
ARTICLE 4
Seller Information
- Trade name: Kİ İLAÇ SANAYİ VE TİCARET LİMİTED ŞİRKETİ
- Address: Kazımdirik Mah. Süvari Cad. No: 52 İç Kapı No: 3 Bornova / İZMİR
- Email: help@carewithki.com
- MERSIS/Tax ID: 5620987089
Product/Service Information
- Main characteristics of the Product/Service: set out in detail on the www.carewithki.com website.
- Sale price (including taxes): shown on the order screen.
- Delivery fee: stated separately when ordering.
Payment and Delivery
- Payment method: credit card, debit card, bank transfer/EFT, etc.
- Delivery time: within 30 days at the latest from the confirmation of the order.
- Delivery method: through the shipping company the Seller has an agreement with.
- Delivery costs: borne by the Buyer unless otherwise stated.
Right of Withdrawal
- The Buyer may exercise the right of withdrawal within 14 days of the date they receive the product.
- Exceptions to the right of withdrawal: products unsuitable for return for hygiene reasons (food supplements, organic pads, personal care products) cannot be returned if their packaging has been opened or they have been used.
- Notice of withdrawal is given through the contact channels specified on the www.carewithki.com website.
- If the right of withdrawal is exercised, the price is refunded within 14 days at the latest from the date the product reaches the Seller.
Return Conditions
- Returns must be made through the shipping company the Seller has an agreement with.
- Return costs are borne by the Seller unless otherwise stated.
- The product must be returned with its original packaging, invoice and accessories, if any.
Complaints and Means of Application
- The Buyer may submit complaints through the Seller's contact channels.
- In the implementation of the Contract, the Consumer Arbitration Committees and Consumer Courts where the Buyer purchased the Product/Service and where the Buyer's residence is located are competent, in accordance with the values announced by the Ministry. The Buyer may submit applications regarding disputes to the Consumer Arbitration Committees, or to the Consumer Courts on condition that a mediator is consulted before filing a lawsuit under Article 73/A of the Law
GENERAL PROVISIONS
ARTICLE 5:
5.1. Before the order is created and the Contract is concluded, the Buyer accepts, declares and undertakes that they have been informed accurately and fully about all matters relating to the conclusion and performance of the Contract, including those set out below, through all the general and specific explanations on the relevant pages and sections of the Platform, the Contract, the Preliminary Information Form and otherwise, and that they have read and understood them.
5.2. The Buyer accepts, declares and undertakes that they have read and are informed of the preliminary information on the seller's website regarding the main characteristics of the product subject to the contract, the sale price, the payment method and delivery, and that they have given the necessary confirmation electronically. The order price is collected by the payment method chosen by the Buyer.
5.3. The Seller accepts, declares and undertakes to deliver the Product/Service complete, in accordance with the characteristics specified in the order, together with warranty certificates and user manuals, if any, and any other information and documents that must be delivered with the Product/Service under the legislation.
5.4. The Buyer is obliged to pay the price under the Contract, and accepts, declares and undertakes that if the price under the Contract is not paid and/or is cancelled in the Bank's records for any reason, the Seller's obligation to deliver the Product/Service and its other obligations arising from the Contract will end. The Buyer accepts, declares and undertakes that the Seller has no responsibility for payments for which a failure code was sent by the Bank for any reason but which were nevertheless made by the Bank to the Seller.
5.5. If, after the Product has been delivered, the price under the Contract is not paid to the Seller by the relevant Bank as a result of the Buyer's credit card being used unfairly by unauthorised persons, the Buyer accepts, declares and undertakes to return the Product to the Seller within 3 (three) days, with the return costs borne by the Buyer.
5.6. In cases where a refund must be made to the Buyer for any reason under the Contract, if the Buyer paid by credit card, the Buyer accepts, declares and undertakes that the average process for the amount refunded to the credit card by the Seller to be reflected in the Buyer's account by the bank may take 2 (two) to 3 (three) weeks, that the reflection of this amount in the Buyer's accounts after its refund to the Bank by the Seller depends entirely on the Bank's processing, and that the Bank is responsible for any delays and the Seller cannot be held responsible for them.
5.7. As a consumer, the Buyer may submit their requests, complaints and suggestions using the Seller's contact details and/or through the channels provided by the Platform.
SPECIAL PROVISIONS
ARTICLE 6
6.1. Products are delivered only through the shipping company the Seller has an agreement with. If the product is damaged while being delivered to the Buyer, the shipping company is responsible.
6.2. The Buyer accepts and undertakes to use the products purchased under this contract in accordance with the instructions for use provided by the seller, the warnings on the packaging and the relevant legislation.
6.3. The Seller cannot be held responsible for any health problem, damage or loss that may arise if the products are used contrary to their intended use, if storage conditions are not observed, if the recommended dosage is exceeded or if the product is used for purposes other than its intended purpose.
6.4. While the Seller undertakes that the products are safe and original in accordance with the legislation, it accepts no responsibility for direct or indirect damage that may arise from incorrect, careless or non-compliant use of the products. The Buyer declares that they know and accept this in advance.
6.5. The Seller undertakes that all medicines, food supplements and personal health products offered for sale under this contract are licensed by the Ministry of Health and comply with the relevant legislation. In addition, products offered for sale within the scope of pharmacy activities are supplied in accordance with the regulations of the relevant Chamber of Pharmacists and the rules of professional ethics.
6.6. The Seller accepts and declares that it will not sell unlicensed, counterfeit or non-compliant products, and that it ensures the authenticity, safety and legal permits of the products.
PROTECTION OF PERSONAL DATA AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
ARTICLE 7
7.1. The Seller will process the personal data it obtains under this contract only for the purpose of providing the Product/Service and in accordance with the Turkish Personal Data Protection Law No. 6698 (“KVKK”), the relevant secondary legislation and the decisions of the Personal Data Protection Board. The Seller accepts, declares and undertakes that it will not process any personal data belonging to the Buyer other than the personal data it accesses through the Platform, and that it will not contact the Buyer directly or indirectly other than through the communication methods provided by the Platform.
7.2. The Buyer is obliged to ensure that the personal data they provide under this Contract are accurate, complete and up to date. The Buyer accepts, declares and undertakes not to share this information with third parties, to take the necessary precautions against viruses and similar malicious software to prevent access by unauthorised persons, and to protect the security of personal data. Otherwise, the Buyer accepts that they will be personally responsible for any damage that may arise and any claims that may come from third parties.
7.3. All intellectual and industrial property rights in all information and content belonging to the Platform, and in their arrangement, revision and partial or full use, belong to the Seller, subject to the Seller's agreement.
7.4. The Buyer accepts, declares and undertakes that the personal and other information they provided when becoming a member of the Seller's website is accurate, complete and true. The Buyer undertakes to compensate the Seller, immediately, in cash and in full, upon the Seller's first request, for any damage the Seller suffers because such information is untrue.
7.5. The Seller keeps personal data only for as long as necessary to provide the service, and destroys them in accordance with the legislation at the end of that period.
DISPUTE RESOLUTION
ARTICLE 8 In the implementation of the Contract, the Consumer Arbitration Committees and Consumer Courts where the Buyer purchased the Product/Service and where the Buyer's residence is located are competent, in accordance with the values announced by the Ministry. The Buyer may submit applications regarding disputes to the Consumer Arbitration Committees, or to the Consumer Courts on condition that a mediator is consulted before filing a lawsuit under Article 73/A of the Law. All correspondence between the Parties under the Contract will be made in writing, except in the mandatory cases listed in the legislation. The Buyer accepts, declares and undertakes that in disputes that may arise from the Contract, the Seller's commercial books, computer records, records and other documents will constitute binding, conclusive and exclusive evidence, and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
ENTRY INTO FORCE
ARTICLE 9 The Contract, consisting of nine (9) articles, has been read by the Parties and concluded and entered into force on the transaction date by being approved electronically by the Buyer. A copy of the Contract is available in the Buyer's membership account and may also be sent by email upon request.