Distance Selling Agreement

This Agreement has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation.

ARTICLE 1 – PARTIES TO THE AGREEMENT

SELLER	Max Group Tourism Foreign Trade Limited Company
Address	15 Temmuz Mahallesi, Bahar Caddesi, Toya Next A2 Apartmanı, 3-5/2 No:223, Bağcılar, İstanbul, Türkiye
Phone	+90 545 450 4976
E-mail	shop@maxaesthetics.tr
MERSİS No	0613159716900001
Tax Office / No	Güneşli Tax Office / 6131597169
Web Site	www.maxaesthetics.tr
BUYER	The individual, institution, or organization who places the order and completes the payment process by electronically approving this Contract.

ARTICLE 2 – SUBJECT OF THE AGREEMENT

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the goods/services specified below, whose basic characteristics and sales price are indicated, which the BUYER has ordered electronically from the www.maxaesthetics.tr website belonging to the SELLER.

The BUYER hereby accepts, declares and undertakes that they have read and understood all preliminary information regarding the basic characteristics of the goods/services subject to sale, the sales price, payment method, delivery conditions and ‘right of withdrawal’ in electronic form, that they confirm this information and that they subsequently placed the order in accordance with the provisions of this Agreement.

The Pre-Information Form and invoice available on the www.maxaesthetics.tr website are integral parts of this Agreement.

ARTICLE 3 – DATE OF AGREEMENT

This two-part Agreement shall be deemed to have been approved and accepted electronically by the BUYER with the order numbered {{order_no}} placed on {{order_date}} at {{order_time}}.

ARTICLE 4 – DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE AND DELIVERY METHOD

The goods/services shall be delivered to the BUYER at the address requested by the BUYER: {{delivery_address_1}} {{delivery_address_2}} {{delivery_postal_code}} {{delivery_city}} / {{delivery_country}} address to {{delivery_first_name}} {{delivery_last_name}}.

ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE

Unless otherwise specified, delivery costs shall be borne by the BUYER. If the SELLER has stated on its website that it will cover the delivery costs for purchases above a certain amount or that it will provide free delivery as part of a promotion, the delivery costs shall be borne by the SELLER.

Delivery shall be made as soon as possible after the goods are in stock and the goods price has been transferred to the SELLER’s account. The SELLER shall deliver the goods/services within 30 (thirty) days of the order. If performance becomes impossible within this period, the SELLER shall notify the BUYER in writing and refund the payment within 14 (fourteen) days.

If the goods/services are not paid for for any reason or are cancelled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the goods/services.

ARTICLE 6 – BUYER’S DECLARATIONS AND UNDERTAKINGS

The BUYER shall inspect the goods/services subject to the contract before accepting delivery; they shall not accept delivery of damaged or defective goods/services, such as those that are dented, broken, or have torn packaging, from the shipping company. The goods/services accepted for delivery shall be deemed to be undamaged and sound.

The BUYER shall be responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is exercised, the goods/services shall not be used. The invoice shall be returned.

If the BUYER’s credit card is used unlawfully or illegally by unauthorised persons through no fault of their own, the BUYER is obliged to send the goods/services to the SELLER within 3 (three) days, provided that they have been delivered to them. In this case, the delivery costs shall be borne by the BUYER.

Additional Commitment for International Shipments: For orders placed from abroad, the BUYER acknowledges and declares that they are responsible for their country’s customs duties, import fees and any additional national taxes, and that they are responsible for all shipping and other costs incurred if the product cannot be delivered to them or is returned to the SELLER due to non-payment of these fees.

ARTICLE 7 – SELLER’S DECLARATIONS AND COMMITMENTS

The SELLER is responsible for delivering the goods/services subject to the contract in a sound and complete condition, in accordance with the specifications stated in the order, and with any warranty documents and user manuals, if applicable.

The SELLER shall refund the price of the goods/services within 14 (fourteen) days after receiving the withdrawal notice. The goods/services shall be returned within 10 (ten) days after the return notification.

Defective or faulty goods sold with a warranty certificate may be sent to the SELLER for necessary repairs within the warranty conditions, in which case the delivery costs shall be borne by the SELLER.

ARTICLE 8 – CHARACTERISTICS AND PRICE OF THE GOODS/SERVICES SUBJECT TO THE AGREEMENT

The type, quantity, brand/model, colour, and the final sales price (including all taxes, subtotal, shipping fee, discounts, and total order amount) of the goods/services are specifically detailed and set forth in the Preliminary Information Form, the Order Summary presented to the Buyer electronically, and the Invoice.

The Buyer acknowledges that these documents, which contain the comprehensive financial and product-specific data of the purchase, constitute integral and inseparable parts of this Distance Sales Contract.

ARTICLE 9 – PAYMENT PLAN AND DEFAULT

Payment Plan: The payment method {{payment_method}} has been selected. If the BUYER makes a purchase in instalments using a credit card, the instalment plan selected on the website shall apply. In instalment transactions, the relevant provisions of the agreement signed between the BUYER and the card-issuing bank shall apply.
Default and Legal Consequences: If the BUYER defaults on transactions made with a credit card, they shall pay interest and be liable to the bank in accordance with the credit card agreement made with the card-issuing bank. In this case, the relevant bank may take legal action.

ARTICLE 10 – RIGHT OF WITHDRAWAL

The BUYER may exercise their right of withdrawal within 14 (fourteen) days from the delivery of the goods/services covered by the contract to themselves or to a third party at the address indicated, without giving any reason and without paying any penalty.
Notification of the exercise of the right of withdrawal must be made to the SELLER’s customer service department by email or telephone within this period. If this right is exercised, the original invoice for the goods/services delivered to the BUYER must be returned.
The price of the goods/services shall be refunded to the BUYER within 14 (fourteen) days following the receipt of the notice of withdrawal by the SELLER. The SELLER shall receive the return within 10 (ten) days following the return notification.
If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the BUYER.
The standard delivery cost of the goods/services returned due to the right of withdrawal shall be covered by the SELLER. However, if the BUYER chooses a return shipping method that exceeds the standard delivery cost within the legal period when exercising their right of withdrawal, the difference shall be borne by the BUYER.

ARTICLE 11 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Pursuant to Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised in the following cases:

Contracts relating to goods or services whose price fluctuates in line with financial market fluctuations and is beyond the SELLER’s control.
Contracts relating to goods prepared in accordance with the BUYER’s requests or personal needs.
Contracts relating to the delivery of goods that are perishable or have an expiry date.
Contracts relating to goods that are unsuitable for return for health and hygiene reasons if their protective elements, such as packaging, tape, seals or wrapping, have been opened after delivery (hair care products fall under this category).
Contracts relating to goods that, after delivery, have been mixed with other products and cannot be separated due to their nature.
Contracts relating to digital content and computer consumables where the packaging is opened after delivery of the goods.

ARTICLE 12 – COMPETENT COURT

In disputes arising from this Contract, Consumer Arbitration Committees shall be competent for disputes up to the value announced annually by the Ministry of Trade, and Consumer Courts shall be competent for disputes above this value. In places where there is no Consumer Court, the Civil Courts of First Instance shall be competent.