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DISTANCE SALES CONTRACT



1. PARTIES


This Distance Sales Contract (“Agreement”) has been signed between the following parties within the framework of the terms and conditions stated below.


BUYER (hereinafter referred to as the “BUYER” in this Agreement)

Name – Surname:

Address:


SELLER (hereinafter referred to as the “SELLER” in this Agreement)

Title: Monami Kozmetik Pazarlama ve Ticaret Anonim Şirketi

Address: Esentepe Mah. Kardeşler Sok. Öztürk Apt. No:14 Şişli / İSTANBUL


2. DEFINITIONS


In the implementation and interpretation of this Agreement, the following terms shall have the meanings set forth below:


MINISTRY: Ministry of Customs and Trade


LAW: Law No. 6502 on the Protection of Consumers


REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014 / 29188)


SERVICE: Any consumer transaction other than the provision of goods, performed or promised to be performed in exchange for a fee or benefit


SELLER: The company offering goods or services to the consumer within the scope of its commercial or professional activities, or acting on behalf of or for the offeror


BUYER: The natural or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes


SITE: The website of the SELLER (www.miaklinika.com)


ORDERER: The natural or legal person placing an order for a product or service through the SELLER’s website


PARTIES: The SELLER and the BUYER


CONTRACT: This Distance Sales Contract concluded between the SELLER and the BUYER



3. SUBJECT


The subject of this Agreement is to determine the rights and obligations of the Parties regarding the sale and delivery of the product(s) ordered electronically by the BUYER through the SELLER’s website (www.miaklinika.com), in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.


The product’s qualifications and invoice details are as specified on the sales invoice.



4. PRODUCT SUBJECT TO THE CONTRACT


The type, quantity, and sales price of the goods and/or services are as stated on the sales invoice.

The payment method, invoice address, and delivery address are also specified on the invoice.


Product Description | Quantity | Unit Price (TL)   


                                                                                                                           

5. GENERAL PROVISIONS


5.1. The BUYER declares that they have read and understood the preliminary information provided on the website regarding the essential characteristics of the product, the sales price, payment method, and delivery details, and that they have given electronic confirmation. Purchases can be made using credit cards (VISA, MasterCard, American Express, Troy). Payment methods other than those stated are not accepted.


5.2. The product/service subject to this Agreement will be shipped as soon as possible and delivered to the BUYER or the person/organization designated by the BUYER, within the period specified in the preliminary information on the website, depending on the delivery address.


5.3. If the product/service is to be delivered or provided to a person or organization other than the BUYER, the SELLER shall not be held responsible if the recipient refuses to accept the delivery or service.


5.4. The SELLER shall deliver all orders in accordance with legal obligations. All prices are expressed in Turkish Lira (TL), including VAT (currently 20%). Any changes in tax rates will be applied as of their effective date.


5.5. The SELLER is responsible for delivering the product or service in a sound, complete manner and in accordance with the specifications indicated in the order.


5.6. The price of the product must be paid using the payment method selected by the BUYER. If payment is not made or canceled in bank records for any reason, the SELLER is released from the obligation to deliver the product or service.


5.7. The BUYER acknowledges that they have reviewed all preliminary information about the goods/services offered for sale—including features, price, payment, and delivery terms—and that they confirm this electronically before placing the order. The BUYER also acknowledges that products whose protective packaging (such as seals, tapes, or wrapping) have been opened after delivery cannot be returned for reasons of health and hygiene; therefore, the right of withdrawal cannot be exercised in such cases.


Prices announced on the website represent the current sales price and remain valid until updated or changed. For time-limited offers, the announced prices remain valid until the specified end date.


5.8. The BUYER agrees and undertakes that all data provided during registration or purchase belong to them or are used with authorization, and that they will not input unauthorized data. The preliminary information and invoice on the payment page of www.miaklinika.com

 form integral parts of this Agreement.

Once the BUYER places an order, they are deemed to have accepted all the terms of this Agreement.



6. RIGHT OF WITHDRAWAL


You may return your order within 14 days, provided that the product box has not been opened and that you have obtained approval from customer service. After your return reaches our warehouse, it will be inspected, and once confirmed as unopened, your payment will be refunded to your bank.


Since the SELLER’s products are cosmetic items, the BUYER acknowledges that the right of withdrawal and return applies only if the packaging has not been opened in any way. Otherwise, the right of withdrawal and return cannot be exercised.


Before accepting packages that appear to be damaged during shipment, please open and inspect them in the presence of the courier representative. If any damage is detected, do not accept the package and request a damage report. If no report is issued, it is deemed that the courier company has fulfilled its obligation properly.


If any deterioration, breakage, tearing, use, or similar condition is detected and the product is not returned in its original condition, the return will not be accepted, and no refund will be made.


If you return a product, your return will be completed within seven (7) business days from the date the product reaches the SELLER, unless unforeseen circumstances arise.


Once the refund is approved, credit card refunds will be processed according to the policies of the cardholder’s bank. The BUYER acknowledges that refund timelines may vary between banks. In some cases, the refund may not appear in the same statement period, and the BUYER should contact their bank’s credit card service if this occurs.




7. PROTECTION AND CONFIDENTIALITY OF PERSONAL DATA


The BUYER’s information specified in this Agreement and any data provided for payment purposes will not be shared with third parties, except for the courier company contracted by the SELLER. If the SELLER is required to disclose such information due to legal or administrative obligations, the BUYER shall not hold the SELLER responsible.


The SELLER declares that it will duly process the BUYER’s personal data in accordance with Law No. 6698 on the Protection of Personal Data, for the purpose of fulfilling this Agreement, and that it has taken all necessary technical and administrative measures to prevent unlawful processing, access, or disclosure of personal data.

When the purpose of processing no longer exists, the SELLER will delete, destroy, or anonymize the data in compliance with legal retention periods.


By approving this Agreement, the BUYER acknowledges that they have been informed about the processing of their personal data within the scope of Law No. 6698 and the SELLER’s Privacy Policy.




8. GOVERNING LAW AND JURISDICTION


In resolving any disputes arising from this Agreement or its implementation, the SELLER’s records (including computer and voice recordings) shall constitute conclusive evidence.

Consumer Arbitration Committees are authorized for disputes up to the monetary limits announced by the Ministry of Trade; for disputes exceeding these limits, İSTANBUL Consumer Courts and Enforcement Offices shall have jurisdiction.


The BUYER declares and undertakes that they have read all terms and explanations written in this Agreement and the order form, that they have reviewed and accepted the sales conditions and all preliminary information, and that they are fully informed of their obligations.


When the BUYER completes payment for an order placed on the Site, they are deemed to have accepted all the terms of this Agreement. The SELLER is obliged to implement the necessary technical arrangements to ensure that the BUYER confirms reading and accepting this Agreement before finalizing the order.