Distance Sales Agreement

The Buyer's name/surname, title if any, address, phone, and email information provided during registration on www.drmomhand.com or conveyed to the Seller using intermediary services like Google or Facebook are considered accurate. The personal data obtained within the scope of this contractual relationship are processed in accordance with the explanations in the “Privacy Policy and Clarification Text” on the Seller’s website and mobile application, in compliance with the Law on the Protection of Personal Data No. 6698 and relevant legislation.

The Consumer, by purchasing a product/service from the Seller, acknowledges, declares, and undertakes that they have read the entire Distance Sales Agreement (“Agreement”), fully understood its content, and approved all its provisions. Likewise, the Seller declares and undertakes the following matters to the Consumer. Therefore, the accuracy of the information provided by the Consumer when purchasing the service is committed by the Consumer.

The Buyer and the Seller will be briefly referred to individually as “Party” and collectively as “Parties” within the scope of this Agreement.

2.1. The subject of this Agreement is the determination of the rights and obligations of the Parties regarding the sale and delivery of the goods/services ordered electronically by the Buyer from the Seller's website www.drmomhand.com (“Website”) and/or mobile application, which possess the qualities mentioned in the Agreement and whose sales price and payment method are specified in the Agreement, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188. For Buyers who are not considered Consumers, the provisions of the Turkish Code of Obligations and the Turkish Commercial Code shall apply.

2.2. The Buyer acknowledges and declares that they have been informed by the Seller in a clear, understandable, and internet-compatible manner about the Seller's name, title, full address, phone and other contact information, the main characteristics of the goods/services subject to sale, the sales price including taxes, payment method, delivery conditions, right of withdrawal and its costs, etc., all preliminary information about the goods subject to sale, and the right of withdrawal and how to exercise this right, the official authorities to which they can submit their complaints and objections, etc., that they have confirmed the preliminary information electronically, read it, understood it, are aware of their rights and obligations, and subsequently placed an order for the goods under the terms of this Agreement.

2.3. The preliminary information on the payment page of the www.drmomhand.com site and mobile application and the invoice issued upon the order placed by the Buyer are integral parts of this Agreement.

The date of the Agreement is the date the order is placed by the Buyer, which is the order date.

4.1. The product will be delivered to the delivery address specified by the Buyer in the “Delivery” section on the billing screen.

4.2. Delivery costs are borne by the Buyer unless otherwise specified by the Seller. If the Seller declares on its website or mobile application that it will cover the delivery fee for purchases above a certain amount, then the delivery cost is borne by the Seller. Additionally, the Seller reserves the right to run campaigns regarding delivery fees, change campaign conditions, and/or terminate campaigns. In cases where the delivery fee is not paid by the Buyer for any reason, the Seller has the right to deduct the delivery fee from the total sales amount if the order subject to the campaign is canceled.

4.3. Delivery is made as soon as possible after the stock is available and the payment for the goods is transferred to the Seller's account. The Seller will deliver the goods/services to the cargo within an estimated 2 (Two) business days from the order date, except in the cases specified below. However, if there are Products to be procured from stores or external warehouses within the same order, it is planned to deliver all the products in the order to the cargo within 14 (fourteen) days. Furthermore, if required by the Seller's workflow, the Seller reserves the right to extend the delivery period, not exceeding thirty days from the moment the order reaches the Seller. If, for any reason, the payment for the goods/services is not made or is canceled in the bank records, the Seller is deemed to be released from the obligation to deliver the goods/services.

4.4. The Seller accepts no responsibility if the Buyer is not present at the delivery address specified above, does not accept the Product, or provides an incorrect address; in this case, the Seller is considered to have fulfilled its obligation completely and accurately. Therefore, any damages arising from the late receipt of the Product by the Buyer, as well as any costs incurred due to the Product waiting because of the Buyer's fault and/or the Product being returned because it could not be delivered, are also borne by the Buyer.

4.5. The Seller sends and delivers the products through the contracted cargo company for its shipments. If the cargo company does not have a branch at the Buyer's location, the Buyer must collect the Product from a nearby branch of the cargo company as notified by the Seller.

4.6. The Buyer must have fully paid the sales price, including costs, before receiving the Product. If the Product price is not fully paid to the Seller before delivery, the Seller may unilaterally cancel the order and may not deliver the Product.

4.7. If, for any reason after the delivery of the Product, the Bank/financial institution of the credit card used for the transaction requests a refund of the amount paid, the Product must be returned to the Seller by the Consumer within 7 days at the latest. If the Product price is not paid due to an unjust instruction or objection by the Consumer to the bank or due to any fault or negligence of the Consumer, the shipping costs will be borne by the Consumer. All other contractual and legal rights of the Seller, including pursuing the claim for the Product price without accepting the return, are reserved in any case.

4.8. Delivery of the Product to the Consumer within the legal maximum period of 30 (thirty) days in accordance with the relevant legislation is considered timely delivery. If extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) prevent delivery within the legal maximum period of 30 (thirty) days, the Seller will inform the Consumer using the available contact details. In this case, the Consumer may cancel the order, order a similar product, or wait until the extraordinary situation ends.

4.9. The goods/services offered by the Seller are intended for retail sales to consumers; the Seller reserves the right to cancel the order and not deliver the products even if this Agreement is established, in case an order is placed in quantities and sizes that the Seller cannot fulfill collectively.

5.1. The Buyer shall inspect the goods/services subject to the Agreement before receiving them and shall not accept any damaged or defective goods/services such as dented, broken, or torn packaging from the shipping company. Every person who will receive the Product is responsible for checking it at the time of delivery and refusing to accept the Product if there is a problem caused by the shipping and having the shipping company representative prepare a report. Otherwise, the Seller will not accept any responsibility. If no report is prepared regarding the damage to the received goods/services, the product will be considered undamaged and intact.

5.2. After delivery, the obligation to carefully protect the goods/services belongs to the Buyer. If, after the delivery of the goods/services, the relevant bank or financial institution does not pay the Seller the price of the goods/services due to the unauthorized or unlawful use of the Buyer's credit card by unauthorized persons in a manner not caused by the Buyer's fault, the Buyer is obliged to return the goods/services delivered to him/her within 3 (three) days to the Seller. In this case, the delivery costs belong to the Buyer.

5.3. The Buyer agrees to act in accordance with the legislation while using the Website. The Buyer may not use the Website in any way that is contrary to public order and general morality, that disturbs or harasses others, for an unlawful purpose, or in a way that infringes on the material and moral rights of others. Furthermore, the Buyer may not engage in activities that prevent or make it difficult for others to use the Website (spam, virus, etc.). Otherwise, all legal and criminal liability belongs exclusively to the Buyer. In addition, the Seller reserves the right to take legal action against the Buyer due to violations of the legislation or the Agreement.

6.1. The Seller is responsible for delivering the goods/services subject to the Agreement in a sound, complete, and conforming manner to the specifications stated in the order, along with any warranty certificates and user manuals, if any. If the goods/services subject to the Agreement are to be delivered to a person/entity other than the Buyer, the Buyer is obliged to clearly specify this, and the Seller cannot be held responsible if the person/entity to whom the delivery is to be made does not accept the delivery.

6.2. The Buyer may return the goods/services within 14 (fourteen) days after receiving them under the conditions specified below. In case of withdrawal, the Seller may refund the price of the goods/services within 14 (fourteen) days after the goods/services reach him/her, provided that the invoice is also submitted.

6.3. The products available on the Website are limited to the stocks of the relevant operational stores of the Seller. In cases of stock depletion and similar commercial impossibilities, unforeseen circumstances, force majeure, or extraordinary situations such as adverse weather conditions that prevent transportation, making it impossible to deliver within the legal period, the Seller shall inform the Consumer of this situation within three days following the realization that the product subject to the Agreement cannot be supplied. In this case, the Consumer may choose to cancel the order, replace the product subject to the Agreement with its equivalent if available, and/or defer the delivery period until the obstructive condition is eliminated. With the verbal and/or written consent of the Consumer, the Seller will try to supply another product of equal quality and price. If an alternative product is chosen and there is any price difference, the difference will be collected from the Consumer. If the Consumer cancels the order, the Seller will refund all payments collected, including any delivery costs, if any, within fourteen days at the latest from the date of notification. The Seller is considered to have fulfilled his/her obligation under the Agreement in any case.

6.4. Defective or faulty goods/services sold with a warranty certificate can be sent to the Seller for necessary repairs under the warranty conditions, in which case the delivery costs will be covered by the Seller.

6.5. In case the Buyer uses/misuses the coupons, coupon codes provided and/or communicated by the Seller maliciously, or abuses the Seller’s goodwill in accordance with the campaigns organized at the Seller’s discretion, the Seller may carry out all necessary actions to eliminate the aforementioned improper transactions, including the cancellation of the sale. However, if the Buyer enriches themselves at the expense of the Seller’s assets as a result of the improper transaction, the Buyer shall return such enrichment to the Seller within 3 (three) business days from the date the request reaches the Buyer. Otherwise, the Seller may resort to all legal and criminal remedies for the return of such enrichment and the sanctioning of the Buyer. The Buyer hereby acknowledges, declares, and undertakes that they accept the matters specified in this article and have no right to object.

7.1. The Buyer acknowledges and declares that they have been informed by the Seller in a clear, understandable, and internet-compatible manner about the Seller’s name, title, full address, phone number, and other contact information, the basic characteristics of the goods/services subject to sale, the sales price including taxes, payment method, delivery conditions, right of withdrawal and its costs, and all other preliminary information regarding the goods subject to sale, how to exercise the right of withdrawal, and the official authorities to which complaints and objections can be submitted, that they have confirmed the preliminary information electronically, read, understood, and are aware of their rights and obligations, and subsequently placed an order for the goods in accordance with the provisions of this Contract.

7.2. The type, quantity, brand/model, color, and other characteristics of the goods/services, the payment method, delivery method, and Total Sales Price Including All Taxes are as specified in the information on the product detail page on the website www.drmomhand.com, which is considered an integral part of this Contract.

7.3. The cash price of the goods/services is included in the invoice content sent to the customer along with the order. When the Buyer approves the Preliminary Information Form and the Distance Sales Contract, the price and costs of the service/product/products ordered, along with the delivery fee, will be charged to the credit card specified by the Buyer.

7.4. The product prices in the order are the prices at the time the order is placed. The Seller is not responsible for price, product, and any update errors arising from technical reasons. In case of errors in price and product information, the Seller may refrain from making the delivery to correct the error. In this case, the Seller may cancel the order and refund the order amount to the Buyer’s account.

7.5. The date of the Contract, the type, quantity, realization date, sales price, payment method, alternative product preference, and related details of the Product/Service are as specified below:

Contract Date: [.]

Type of Service: Sale of products to the Buyer through the Seller’s Website

Product Name/Product Quantity: [.]

Amount (Including Taxes): [.]

Payment Method: Payment by Credit Card]

7.6. The down payment amount of the goods/services is included in the content of the sample invoice sent at the end of the order via email and the invoice sent to the Consumer along with the product.

7.7. For the avoidance of doubt; in cases where the Buyer pays the sales price with a credit card they have from banks (including financial institutions), all the facilities provided by these cards are directly provided by the card-issuing institution as credit and/or installment payment facilities; the product sales realized in this context and for which the Seller collects the price in full or in installments are not credit or installment sales for the parties of this Contract, but cash sales. The Seller’s legal rights in cases deemed as installment sales by law (including the rights to terminate the Contract and/or demand the payment of the remaining debt with default interest in case of non-payment of installments) are reserved and available within the framework of the relevant legislation. In case of the Buyer’s default, a default interest rate as stipulated by the applicable laws will be applied.

The Buyer shall make the payment for the orders placed through the Seller's website and application via credit card. At the point of concluding the Agreement regarding the payment for the orders, there is no other payment instrument available. The Buyer acknowledges and declares that they have been informed about the payment method, have been informed about the payment to be made by credit card, and have read and understood all kinds of information forms completely. The Seller has no declaration, commitment, or responsibility to the relevant bank regarding the Buyer's credit card payments.

9.1. The Buyer may exercise the right of withdrawal, except for the exceptions arising from the legislation and specified below, within 14 (fourteen) days from the delivery of the goods/services subject to the Agreement to themselves or to the person/entity at the address indicated. To exercise the right of withdrawal, the Buyer must notify the Seller within the same period via the WhatsApp line at +44 7848 99 6901 or the call center number at +44 7848 99 6901, and the goods/services must be unused, the outer packaging must be intact, and the product protection bands must not be damaged, in accordance with the preliminary information published on the website www.drmomhand.com, which is an integral part of this Agreement. In case of exercising this right, the original invoice of the goods/services delivered to the third party or the Buyer must be returned. Within 14 (fourteen) days following the receipt of the returned goods/services by the Seller, the price of the goods/services will be refunded to the Buyer. The Buyer must return the goods to the Seller's warehouse at the address “Konya Distribution Warehouse, Feritpaşa Mahallesi Nişamtaş Street 3/1 TR-42060 Selçuklu/KONYA” via Aras Cargo within 14 (fourteen) days from the date of the withdrawal notification. The delivery cost of the goods/services returned due to the right of withdrawal will be covered by the Seller. If the original invoice is not sent by the Buyer, the goods/services cannot be returned. Goods/services returned without an invoice will be sent back with the shipping cost covered by the Buyer. Additionally, in case of any dissatisfaction with the purchased product, the Buyer can contact the Seller via the WhatsApp line at +44 7848 99 6901 or the call center number at +44 7848 99 6901. The Seller will respond to the Buyer regarding the issue.

9.2. In the event of damage to the order during packaging (rendering it unsuitable for sale) and the absence of a second stock, the Website has the right to cancel the order/refund the payment. The Consumer accepts, declares, and undertakes that they have been informed about the matter.

9.3. In cases where the right of withdrawal is evaluated within the scope of special circumstances regulated by law and in this Agreement and the Preliminary Information Form, the Consumer is responsible for any deformation and deterioration caused by not using the goods in accordance with their characteristics and usage instructions within the withdrawal period, and for this reason, loses the right of withdrawal regarding the Product.

9.4. If the Consumer exercises the right of withdrawal, it is possible to send the relevant Product to the address “Konya Distribution Warehouse, Feritpaşa Mahallesi Nişamtaş Street 3/1 TR-42060 Selçuklu/KONYA” with the contracted cargo company Aras Cargo with payment on delivery. On the other hand, if the Consumer does not send the product with the cargo company contracted by the Seller, the delivery costs will be borne by the Consumer.

9.5. The explicit notification regarding the withdrawal can be made to our contact addresses above via tools such as WhatsApp line, electronic mail, or phone. In case of exercising this right, the original invoice of the Product must be returned with a copy of the cargo delivery receipt indicating that the Product has been sent to us, (for Product returns invoiced to institutions, a return invoice must be issued), and the returned Products must be sent to the address “Konya Distribution Warehouse, Feritpaşa Mahallesi Nişamtaş Street 3/1 TR-42060 Selçuklu/KONYA” via Yurtiçi Cargo, along with their box, packaging, and any standard accessories, completely and without damage.

9.6. In cases where the right of withdrawal is not stipulated by law and the Agreement, the right of withdrawal cannot be exercised, and if this right is not used properly or on time, the Consumer loses the right of withdrawal.

9.7. If the Consumer fulfills the above-mentioned conditions in a timely and proper manner, the Product price will be refunded to the Consumer within 14 days from the date the withdrawal notice reaches the address mentioned above, in accordance with the payment method used when purchasing the Product. However, if the right of withdrawal is exercised for all products or if it is exercised for some products and the total falls below the minimum amount for the free shipping campaign and/or discount, the delivery-shipping fee and the entire discount amount that were not charged within the scope of the relevant campaign will be deducted from the amount to be refunded to the Consumer. (In cases where the delivery-shipping fee has been collected, this fee will be refunded without deduction); if the Consumer has earned a gift voucher, etc., as a result of their purchase, it will be canceled in full, and if they have used a (virtual/physical) gift voucher, etc., the full amount will be deducted from the amount to be refunded and taken back. If there are gift products alongside the product(s) to be returned, the gift product(s) must also be returned if the right to the gift product(s) is lost. These provisions apply not only in cases where the right of withdrawal is exercised but also in all other cases of product returns, excluding defective products. The Website also retains its contractual and legal rights and obligations, including the right to collect and deduct the monetary values of any reward points, etc., earned and/or used by the Consumer on the Website in accordance with the law, in cases of lawful withdrawal and other order-Contract cancellations.

Without prejudice to the relevant provisions of the Consumer Protection Law No. 6502, the Regulation on Distance Contracts, and other relevant legislation; goods/services that cannot be returned due to their nature, goods/services prepared in line with the consumer's requests or personal needs, goods/services that spoil quickly and have expired, single-use goods/services, goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; goods/services that are not suitable for return in terms of health and hygiene, and goods/services purchased by the Buyer for commercial/professional purposes are not subject to the right of withdrawal. For the Buyer to exercise the right of withdrawal, the goods/services must be unopened, undamaged, and unused.

In the event that the Buyer defaults on transactions made with a credit card, they will pay interest and be liable to the card-issuing bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may take legal action; it may claim all costs and attorney fees and all damages from the Buyer, and in any case, if the Buyer defaults on their debt, the Buyer agrees to pay the Seller's damages and losses due to the delayed performance of the debt.

12.1. The Contract and the Preliminary Information Form will be sent to the Buyer's e-mail address specified in the order confirmation after the Buyer's approval on the Website; the Buyer can save and store it on their device for future access, and it will be kept in the systems of the WEBSITE for a maximum period of ten years in accordance with the relevant laws.

12.2. In case of delivery of a product not ordered; the Seller may inform the Consumer by phone or e-mail and take back the product or service delivered despite not being ordered. If the price of the unordered product or service is not paid by the Buyer, the Buyer is obliged to return the product to the Seller without damage.

12.3. The Seller, based on a justified reason and on the condition of informing the Consumer and obtaining their explicit approval, may supply a different product of equal quality and price to the Consumer before the fulfillment period arising from the Agreement expires. The Consumer acknowledges and declares that if the product(s) ordered cannot be supplied for any reason, an alternative product may be offered for the product(s) ordered.

12.4. The Buyer agrees and declares that the information provided in the registration form on the Website and included in the Preliminary Information Form and the Agreement is accurate and complete, and accepts responsibility for any damages arising from incorrect or incomplete information, thereby agreeing to compensate the Seller for any damages incurred as a result.

12.5. The Seller may temporarily suspend or completely halt the operation of the website at any time for reasons such as renewal, improvement, and other reasons. In the event of a temporary suspension or complete halt of the system, the Seller shall have no liability towards its members or third parties. Deliveries of products ordered while the site is operational will be completed under the terms of the Agreement following the resolution of this issue.

12.6. The Buyer consents that, while becoming a member of the Website and during the order process, personal information held by the Seller (name, surname, title, address, phone, fax, email, etc.), within the scope of the Preliminary Information Form and Agreement, may be used by the Seller through its representatives, either via email, phone, fax, or SMS, or by mail, for the purposes of contacting the Consumer, order management, and managing customer relations processes.

12.7. The Buyer is responsible for the accuracy and completeness of the personal and payment information provided in this Preliminary Information Form and the Distance Sales Agreement. If this information is incomplete or incorrect, the Consumer is obliged to update it through their account on the Website.

13.1. The Buyer can directly convey their complaints about the purchased goods and/or services to the Seller (using the contact addresses specified under the Seller's Information section above). If the complaint is conveyed, the Seller will provide all possible support to resolve the issue.

13.2. If the Buyer also qualifies as a consumer within the framework of the Law No. 6502 on the Protection of Consumers and the provisions of the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188; they may, if they wish, submit their complaints and objections to the Consumer Arbitration Committee or Consumer Court in the place where they purchased the goods/service or where they reside, within the monetary limits determined by the Ministry of Commerce each year in December, in accordance with the relevant articles of the Law No. 6502 on the Protection of Consumers. For Buyers who do not qualify as consumers, legal recourse will be sought within the framework of the provisions of the Turkish Commercial Code and the Turkish Code of Obligations. In the event of the order being placed, the Buyer is deemed to have accepted all the terms of this Agreement.

The Buyer agrees that in any dispute that may arise from the Contract, the Seller's official books and commercial records, electronic data stored in databases and servers, and computer and audio recordings will constitute evidence, and that this clause is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

By confirming the option “I have read and accept the Preliminary Information Form and the Distance Sales Agreement” on the Website, the Buyer agrees to all the terms of the Form and Agreement, which immediately come into effect.

The Buyer acknowledges and declares that they have read all the terms and explanations written in the Order-Contract Preliminary Information Form, which is an integral part of this Agreement and available on the Website; that they are informed in advance about all matters including the basic features-qualities of the Product/Service subject to sale, sales price, payment method, delivery conditions, all other preliminary information-disclosures about the Seller and the Product/Service subject to sale, and the right of withdrawal and personal information; that they have seen, read, accepted the content of all these electronically on the Website, and by confirming-approving-accepting-permitting all these electronically, they have accepted the terms of this Agreement by ordering the Product/Service.

I have read, accept, and approve the Distance Sales Agreement.