1- PARTIES: 1.1- Gemmolab Ltd. Şti., located at Battalgazi mah. A.N.S. Kampüsü Küme Evleri No:5/43 Zaferteknopark, 03030 Merkez/Afyonkarahisar/TURKEY (hereinafter referred to as "SELLER"); SELLER Phone: 0551 472 10 22 SELLER e-mail: [email protected] SELLER Product Return address: Battalgazi mah. A.N.S. Kampüsü Küme Evleri No:5/43 Zaferteknopark, 03030 Merkez/Afyonkarahisar/TURKEY Mersis No: 0 1.2- The internet user who makes a purchase from the website providing services at https://www.gemmolab.com/ (hereinafter referred to as "BUYER"). BUYER Name/Surname/Title: BUYER Address: BUYER Phone: BUYER Email: 2- SUBJECT: The subject of this Agreement is the sale and delivery of the product(s) detailed below, ordered through the Website owned by the SELLER at https://www.gemmolab.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, the Regulation on the Principles and Procedures of Distance Contracts, and related legislation. 3- PRODUCT: The type and kind of products, quantity, brand/model, color, sales price, and delivery information are as follows: Product: Quantity: Sales Price: Shipping Fee: Invoice Address: 4- DELIVERY: 4.1- The product will be delivered to the BUYER's address by the SELLER's contracted shipping company. The estimated delivery time will be notified by the SELLER after the order is received. The delivery time is a maximum of thirty (30) days from the sending of the Order confirmation email and the conclusion of the Contract. 4.2- The shipping fee will be paid by the BUYER unless otherwise undertaken by the SELLER during the order. 4.3- In areas where the shipping company delivers only once a week, delays may occur in the stated delivery time due to inaccuracies and deficiencies in the shipping information, and in situations beyond the SELLER's control, such as social events and natural disasters. The SELLER cannot be held responsible for these delays. If the product is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible for situations arising from the recipient's refusal to accept the delivery, inaccuracies in the shipping information and/or the BUYER not being present, and extra shipping costs. If the Product(s) do not reach the BUYER within the specified days, delivery problems should be reported immediately to customer service at 0551 472 10 22 or via email at [email protected]. 4.4- The BUYER is obligated to check that the ordered product has been delivered in accordance with the invoice/delivery slip at the time of delivery, and to sign the delivery slip and hand it over to the courier company representative to confirm receipt of the products. Damaged packages should not be accepted, and a report should be filed with the courier company representative. If the courier company representative believes the package is not damaged, the BUYER is obligated to have the package opened on the spot to check that the products were delivered undamaged and to have the situation documented with a report. Once the package is accepted by the BUYER, it is considered that the courier company has fully completed its duties. If a damaged package is not accepted and a report is filed, the situation must be reported in writing to the SELLER as soon as possible, along with the copy of the report remaining with the BUYER. 5- RIGHT OF WITHDRAWAL: 5.1- The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to himself or to the person/organization at the address indicated. To exercise the right of withdrawal, the BUYER must notify the SELLER by fax, email, or telephone within this period, and the product must be eligible for return under the provisions of this clause. If this right is exercised, it is mandatory to return the product delivered to the third party or the BUYER, along with a copy of the delivery receipt and all original invoices. The product price will be refunded to the BUYER within 7 days of receipt of these documents. The shipping cost for products returned due to the right of withdrawal will be covered by the SELLER. Otherwise, the request for withdrawal will be considered invalid. The BUYER may also exercise the right of withdrawal during the period from the conclusion of the contract to the delivery of the goods. 5.2- The following periods are taken as the basis for determining the withdrawal period; - In the case of a single order but delivered separately, the day the consumer or a third party designated by the consumer receives the last item, - In the case of goods consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part, - In contracts where the goods are delivered regularly over a certain period, the day the consumer or a third party designated by the consumer receives the first item, 5.3- Even if the BUYER's return request is accepted, returns of used, opened or damaged products and products whose return is not suitable for health and hygiene reasons cannot be made. This includes shampoos, shower gels, skin and hair care products (but not limited to those listed).
.) Returns are not possible for products that are unsuitable for return due to health and hygiene reasons. For makeup and skincare products with protective packaging, returns are not possible if the protective seal has been opened. If the products to be returned do not meet these conditions, the return approval will be canceled, and the products will be sent back to the BUYER via the contracted shipping company with the BUYER paying the shipping costs.
5.4- If the BUYER receives products different from their order or the photos or descriptions on the website, the right of withdrawal can only be exercised if the product's security label has not been opened.
5.5- If the returned product received by the SELLER meets the conditions specified in this agreement, it will be accepted as a return, and the refund will be made to the BUYER's credit card/account. No refund will be issued before the product is returned. The time it takes for refunds made to credit cards to be reflected in credit card accounts is at the discretion of the relevant bank.
5.6- In accordance with Article 15 of the Distance Contracts Regulation, titled "Exceptions to the Right of Withdrawal," the Buyer cannot exercise the right of withdrawal in the following cases: - For goods or services whose price varies depending on fluctuations in financial markets and is beyond the control of the seller or supplier, - For goods prepared according to the consumer's wishes or personal needs, - For the delivery of perishable goods or goods whose expiration date may pass, - For goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery; The right of withdrawal does not apply to the following products: - Products whose return is not suitable for health and hygiene reasons, such as shampoo, shower gel, skin and hair care products; - Goods that are mixed with other products after delivery and cannot be separated by their nature; - Books, digital content, and computer consumables presented in a physical medium if the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery; - Delivery of periodicals such as newspapers and magazines, except those provided under a subscription contract; - Accommodation, goods transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation purposes that must be performed on a specific date or period; - Services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer; - Services whose performance has begun with the consumer's consent before the expiration of the withdrawal period.
6- RIGHTS AND OBLIGATIONS OF THE PARTIES:
6.1- The BUYER acknowledges the essential characteristics of the Product subject to sale, the sales price including taxes, the payment method, delivery conditions and costs, etc. The BUYER acknowledges and declares that they have received clear, understandable, and internet-appropriate information regarding all preliminary information about the product, the right of withdrawal and how to exercise this right, return conditions, official authorities to which complaints and objections can be submitted, etc., and that they have confirmed this preliminary information electronically. The BUYER is deemed to have accepted the terms of this Agreement at the moment of placing the order.
6.2- If the SELLER is unable to fulfill its obligations under this Agreement due to the impossibility of fulfilling the Product order, it shall notify the BUYER of this situation before the expiration of the performance obligation period arising from the Agreement and may supply the BUYER with a different product of equal quality and price if it is in stock. The SELLER has the right to reject the order without giving any reason. If the SELLER is unable to process the order for any reason (e.g., problems in payment systems), it may inform the BUYER by telephone or email. 6.3- The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the Product, and that if the Product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to this Agreement will cease.
6.4- The BUYER acknowledges, declares, and undertakes that if, after the delivery of the Product to themselves or to the person and/or organization at the address indicated, the Product price is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to this Agreement to the SELLER within 3 days, with the shipping costs borne by the SELLER.
6.5- The BUYER undertakes that the information and content provided by them (Name, surname, telephone number, email, etc.) is accurate, complete, and lawful, that they have not caused/will not cause any technical or physical damage to the SELLER's website, that it does not violate or infringe upon any law, regulation, or other legislation, and that it does not and will not infringe upon the rights of third parties. The BUYER acknowledges, declares, and undertakes that they will make the necessary updates in case of any changes to their personal data; otherwise, the SELLER will not be held responsible. The SELLER is not obligated or responsible for investigating the accuracy of the information and content transmitted, uploaded, modified, or provided by the BUYER, nor for guaranteeing or warranting that such information and content is secure, accurate, and lawful. The SELLER is not liable for any inaccuracies or errors in the information and content provided by the BUYER.
The BUYER is responsible for all damages arising from this, and the BUYER accepts, declares, and undertakes to fully and immediately compensate the SELLER for all damages that the SELLER may suffer due to the inaccuracy of this information.
6.6- From the moment the BUYER starts using the site by filling out the Membership Form at https://www.gemmolab.com/index.php?route=account/register while becoming a member of the SELLER's website, the SELLER shall have the right to collect, record, organize, categorize, classify, store, update, correct, use, analyze, modify, reorganize, and transfer personal data to third parties located in Turkey and/or abroad, all of whom are listed in the Disclosure Statement, and to process this data for the same purposes and for the continuation of these purposes, as detailed in the Disclosure Statement accessible at https://www.gemmolab.com/.
6.7- The BUYER accepts, declares, and undertakes that he/she is solely responsible for the security, safekeeping, keeping away from the knowledge of third parties, and use of the username and password he/she uses to log in to the website. The Seller shall not be held liable, directly or indirectly, for any damages suffered or that may be suffered by the Buyer and/or third parties due to any negligence or fault of the Buyer regarding the security, safekeeping, protection from third-party knowledge, and use of usernames and passwords.
6.8- The Buyer accepts that they may be contacted via internet, telephone, SMS, letter, e-mail, fax, etc., for informational purposes regarding the order.
6.9- The Buyer accepts and undertakes from the outset to comply with and not violate the provisions of legal legislation while using the Seller's website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding on the Buyer. 6.10- The BUYER acknowledges, declares, and undertakes that all legal and criminal responsibility arising from the transactions, words, expressions, and content used during the use of the Website belongs personally to them, and that they will be directly and/or indirectly responsible for any damages suffered or that may be suffered by third parties due to activities carried out on the Website in violation of the provisions of this Distance Sales Agreement and/or the law, and that the SELLER shall in no way be held responsible. Furthermore, in such cases, the SELLER reserves the right to suspend the BUYER's use of the website and to initiate legal proceedings.
7- INTELLECTUAL PROPERTY RIGHTS: The BUYER acknowledges that all elements of the Website, including but not limited to the design, text, images, HTML code, and other codes, belong to the SELLER and/or are used under a license obtained by the SELLER from a third party, and that under no circumstances may the BUYER use the SELLER's trademarks, logos, and trade names, even for reference and promotional activities, without the SELLER's written consent. The BUYER may not engage in any conduct or behavior that may constitute infringement of the SELLER's copyrights, trademarks, or other rights, or create unfair competition, or conduct advertising activities contrary to the relevant legislation. Otherwise, the BUYER shall be liable to compensate the SELLER for any damages incurred by third parties, including but not limited to licensors, including but not limited to compensation, court costs, and attorney fees.
8- PROHIBITION OF ASSIGNMENT: The BUYER may not assign or transfer, in whole or in part, its obligations, rights, and receivables under this Agreement to third parties without the prior written consent of the SELLER. Such assignments and transfers shall not be binding on the SELLER. The SELLER reserves the right to assign this Agreement and its rights and obligations arising therefrom, in whole or in part, along with all legal rights and responsibilities, to its affiliated companies, firms, and third parties.
9- CONFIDENTIALITY: The BUYER shall keep confidential all information obtained in any way regarding the SELLER's activities and the clauses of this Agreement and shall not disclose or use such information without the prior written consent of the SELLER, except in cases deemed necessary under the mandatory provisions of Turkish law. This confidentiality obligation shall continue to apply even if this Agreement is terminated or expires for any reason. In the event of the BUYER's failure to comply with this confidentiality obligation, the BUYER shall compensate the SELLER for any damages incurred.
10- FORCE MAJEURE: Due to events beyond the control of the parties, including but not limited to laws, regulations, directives, decisions taken by competent authorities, and fire, flood, earthquake, landslide, epidemic, war, and widespread acts of violence, the SELLER shall not be liable for any delay, incomplete performance, or non-performance of any of its obligations determined in this Distance Sales Agreement.
The BUYER is not liable for any damages. In this case, the BUYER cannot make any claims against the SELLER.
11- BREACH: If the BUYER breaches the terms of this Agreement, the SELLER may terminate the Agreement at its own discretion and without prior notice, and may block the BUYER's access to the Website. In this case, the BUYER shall be personally liable, both criminally and legally. The BUYER also agrees to indemnify and hold harmless the SELLER (including attorneys' fees) and its affiliates and subsidiaries from any and all claims, damages, liabilities, demands, or expenses that may be brought against the SELLER by any third party in connection with the unlawful use of the Website.
12- AMENDMENT: All amendments to this Agreement shall be made at the SELLER's discretion and unilaterally, and shall be announced on the SELLER's Website.
13- SEVERABILITY: If any provision of this Agreement is found to be invalid, unlawful, or unenforceable under the laws of any jurisdiction, the remaining provisions shall remain valid, lawful, and enforceable in that jurisdiction and shall not be affected by the provision in question.
14- NON-INTERPRETATION OF HEADINGS: The headings in this Agreement are provided for the purpose of facilitating references and shall not affect the interpretation of this Agreement.
15- JURISDICTION: In the application of this Agreement, the Consumer Arbitration Boards, up to the value declared by the Ministry of Customs and Trade, and the Consumer Courts in the place of residence of the BUYER or SELLER shall have jurisdiction. The parties may submit their complaints and objections to the consumer arbitration board or consumer court in the place where the consumer purchased the goods or services or where they reside, within the monetary limits determined annually in December by the Ministry of Customs and Trade.
