All Agreements

DISTANCE SALES AGREEMENT
 
1. SUBJECT
This Distance Sales Agreement Pre-Information Form covers the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts (OG: 27.11.2014/29188), regarding the sale and delivery of the product(s) whose qualities and sales price are specified below, sold by the SELLER to the BUYER/ORDERING PARTY. By accepting this pre-information form, the BUYER accepts in advance that if they approve the order subject to the contract, they are obliged to pay the order amount and, if any, the shipping fee, tax and other additional fees stated, and that they have been informed about this matter.
 
2. SELLER INFORMATION
Title: Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti.
Address: Fatih Sultan Mehmet Bulvarı, Fethiye Mh. Fazıl Sk. No:8 D:2 Nilüfer / BURSA / TÜRKİYE
Phone: 4444082
Fax:  
 
3. BUYER INFORMATION (hereinafter referred to as BUYER)
Recipient:
Delivery Address:
Phone:
Email/Username:
 
4. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
4.1 The main characteristics (type, quantity, brand/model, color, quantity) of the goods/products/services are available on the SELLER"s website. You can review the main characteristics of the product during the campaign period. Valid until the end of the campaign date.
4.2 The listed and announced prices on the site are sales prices. Announced prices and promises remain valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.
4.3 The total price of the goods or services subject to the contract, including all taxes, is shown in the table below.
 
 
Shipping Fee: Receiver Pays
 
Payment Method:
 
 
Delivery Address:
Invoice Address:
Order Date:
 
5. GENERAL PROVISIONS
 
5.1. The BUYER declares, accepts and undertakes that they have read and are informed about the preliminary information on the essential characteristics, sales price, payment method, and delivery regarding the product subject to the contract on the SELLER’s website, and have given the necessary confirmation electronically. The BUYER, by confirming the Preliminary Information electronically, confirms that before the establishment of the distance sales contract, they have received the SELLER’s address, the basic features of the products ordered, the total price including taxes, as well as the payment and delivery information correctly and completely.
 
5.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER’s place of residence, not exceeding the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
 
5.3. The SELLER undertakes, declares and guarantees to deliver the product subject to the contract completely, in accordance with the specifications specified in the order, along with warranty certificates and user manuals if available, free from any defects, in accordance with the legal requirements and standards, with all the information and documents required by the job in accordance with the principles of accuracy and honesty, to maintain the quality of service, to show the necessary attention and care during the performance of the work, to act with caution and foresight.
5.4. Before the expiry of its contractual obligations, the SELLER may, by informing the BUYER and obtaining their explicit approval, supply a different product of equal quality and price.
 
5.5. If the fulfillment of the product or service subject to the order becomes impossible, the SELLER undertakes, declares and guarantees to notify the consumer in writing within 3 days from the date of learning of this situation and to refund the total price to the BUYER within 14 days.
 
5.6. The BUYER accepts, declares and undertakes that they will confirm this Preliminary Information Form electronically for the delivery of the product subject to the contract, and in case for any reason the product price is not paid and/or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will end.
 
5.7. If, after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER’s credit card is used unlawfully by unauthorized persons and the price of the product is not paid to the SELLER by the relevant bank or financial institution, the BUYER undertakes to return the product to the SELLER within 3 days at the SELLER"s expense.
 
5.8. In case of force majeure events such as situations that develop beyond the will of the parties, that cannot be foreseen in advance, and that prevent and/or delay the fulfillment of the parties" obligations, if the product subject to the contract cannot be delivered on time, the SELLER undertakes, declares and guarantees to notify the BUYER of the situation. In such cases, the BUYER is entitled to request the cancellation of the order, the replacement of the product subject to the contract with its equivalent, and/or postponement of the delivery until the impediment is removed. In case of order cancellation by the BUYER, in payments made by the BUYER in cash, the product amount will be refunded in cash and in full within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares and undertakes that the time for the bank to reflect the refunded amount to the BUYER"s account may take 2 to 3 weeks, and that the process regarding the reflection of this amount to the BUYER"s accounts after the refund to the bank is entirely related to the bank"s process, and therefore the BUYER cannot hold the SELLER responsible for possible delays.
 
6. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Email/Username:
Invoice Delivery: The invoice will be delivered together with the order to the invoice address during delivery.
 
7. RIGHT OF WITHDRAWAL
7.1. The BUYER may, in relation to distance contracts for the sale of goods, withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address indicated by the BUYER, without assuming any legal or penal liability and without any justification, provided that the SELLER is notified. For service contracts, this period starts from the date of the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer"s approval before the right of withdrawal expires. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.
7.2. For the exercise of the right of withdrawal, written notification must be made to the SELLER via registered mail, fax or email within 14 (fourteen) days, and the product must not be within the scope of "Products for Which the Right of Withdrawal Cannot Be Used" regulated in this contract. In the event that this right is exercised,
7.2.1. The invoice of the product delivered to the third party or the BUYER (If the product to be returned is invoiced to a company, it must be returned with the return invoice issued by the company. The return process cannot be completed unless a RETURN INVOICE is issued for orders billed to companies.)
7.2.2. The return form,
7.2.3. The products to be returned must be delivered complete and undamaged together with the box, packaging, standard accessories if any,
7.2.4. The SELLER is obliged to refund the total amount and return the documents that put the BUYER under obligation to the BUYER within a maximum of 10 days from the date the withdrawal notification reaches them, and to receive the goods within 20 days.
7.2.5. If there is a decrease in the value of the goods due to a reason caused by the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER"s damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the product or goods within the right of withdrawal period.
7.2.6. If, due to the exercise of the right of withdrawal, the limit amount of the campaign arranged by the SELLER is exceeded, the amount of the discount utilized within the scope of the campaign is canceled.
 
8. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
 
8.1. a) Contracts regarding goods or services whose prices vary depending on fluctuations in financial markets and which are not under the control of the seller or provider.
b) Contracts for goods prepared in line with the consumer"s wishes or personal needs.
c) Contracts for the delivery of perishable or expired goods.
ç) Contracts for goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and which, by their nature, cannot be separated.
e) Contracts for books, digital content and computer consumables, data recording and storage devices presented in physical form, where the protective elements such as packaging, tape, seal, package have been opened after delivery.
f) Contracts for periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
g) Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities to be carried out on a specific date or period.
ğ) Contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts for services started to be performed with the approval of the consumer before the right of withdrawal period expires.
For cosmetics and personal care products, underwear products, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon, etc.), they must be unopened, unused, undamaged and untested to be returned.
8.2. The SELLER accepts and undertakes that the consumer can submit complaints and objections to the consumer arbitration committee or consumer court at the location of the consumer"s residence or where the consumer transaction is made, within the monetary limits specified in the law. Information regarding the monetary limit is as follows:
Effective as of 28/05/2014:
a) For disputes under 2,000.00 (two thousand) TL in accordance with Article 68 of the Law on Consumer Protection No. 6502, to district consumer arbitration committees,
b) For disputes under 3,000.00 (three thousand) TL, to provincial consumer arbitration committees,
c) In provinces with metropolitan status, for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
 
SELLER: Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti.
 
BUYER:
 
DATE:
NOTICE REGARDING THE PROTECTION OF PERSONAL DATA

Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. (“Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti.”) provides the following fundamental information regarding the protection of personal data transmitted. Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. presents these explanations to the attention of our customers and third parties using our website and/or mobile applications, in order to fulfill its obligation to inform as set out in Article 10 of the Law on the Protection of Personal Data No. 6698 (“KVKK”). Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. reserves the right to update this Notice on the Protection of Personal Data at any time, within the scope of changes to the applicable legislation.

1) What is the legal basis for Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. to collect personal data?

There are various legal regulations regarding the use of our customers’ personal data. Primarily, the KVKK sets out the principles for the protection of personal data. In addition, the Law No. 6563 on the Regulation of Electronic Commerce also contains provisions regarding the protection of personal data. Certain circumstances are also subject to criminal sanctions for the protection of personal data under the provisions of the Turkish Penal Code No. 5237.

Furthermore, we are required to collect and use data to fulfill our obligations under the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

2) What methods does Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. use to collect personal data?

Data provided by our customers who transact via the https://www.eticaretport.com website or mobile applications are processed by Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. in accordance with their consent and the provisions of the legislation.

The https://www.eticaretport.com website, owned by Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti., uses cookies. A cookie is a file, typically consisting of letters and numbers, stored on the device’s internet browser or hard drive, which allows the identification of the device in use.

https://www.eticaretport.com will collect, process, share with third parties, and securely store your browsing information, within the purposes and scope set forth in this Notice on the Protection of Personal Data, in order to provide better service and within the scope of legal obligations, provided that it is not used outside these purposes.

https://www.eticaretport.com stores information collected via cookies, log files, blank gif files, and/or third-party sources in order to create a summary related to your preferences. https://www.eticaretport.com may monitor your browsing information and/or usage history on the site to offer you personalized promotions, marketing offers, improve the content of the website or mobile application for you, and/or to determine your preferences. https://www.eticaretport.com may match information collected from you at different times or by different methods online and offline, and may use this information together with information obtained from other sources, such as third parties.

https://www.eticaretport.com uses session cookies and persistent cookies in its mobile application. The session cookie expires when you close your browser. A persistent cookie remains on your hard drive for a long period of time. You can remove persistent cookies and reject both session and persistent cookies by following the instructions in your internet browser’s “help” file or by visiting “www.allaboutcookies.org” or “www.youronlinechoices.eu”. If you reject persistent or session cookies, you may continue to use the website and mobile application, but you may not be able to access all the functions of the website or your access may be limited.

3) How are Website Cookies Used?

https://www.eticaretport.com uses cookies to remember your preferences and personalize your use of the website/mobile application. This includes cookies that save your password and keep your session open, thus saving you from having to enter your password multiple times during each visit, and cookies that remember and recognize you on your subsequent visits to the website/mobile application.

https://www.eticaretport.com also uses cookies to determine how you use the website/mobile application, including from where you connect to the website, which content you view on the website/mobile application, and the duration of your visit.

The cookies on the https://www.eticaretport.com website are also used for advertising/promotion purposes to offer content and ads more suitable for your interests. Thus, when you use the website or mobile application, it presents more suitable content, personalized campaigns and products, and does not offer content or opportunities that you have previously indicated you do not wish to receive.

4) How does the website use third-party cookies for advertising and retargeting?

The https://www.eticaretport.com website may also use cookies to enable “advertising technology” to serve you ads that may be of interest to you when you visit search engines, the website, mobile application, and/or the websites that the website advertises on. Advertising technology uses information about your previous visits to the website/mobile application and to the websites/mobile applications the website advertises on, to offer you personalized ads. When serving these ads, a unique third-party cookie may be placed in your browser to allow the website to recognize you. You can remove persistent cookies and reject both session and persistent cookies by following the instructions in your browser’s “help” file or by visiting “www.allaboutcookies.org” or “www.youronlinechoices.eu”. If you reject persistent or session cookies, you may continue to use the website and mobile application, but you may not be able to access all the functions of the website or your access may be limited.

5) For what purposes does Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. use personal data?

Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. may record, store, update, disclose to third parties, transfer, classify and process your personal information to the extent permitted and required by legislation.

Your personal data is used for the following purposes:

  • to verify the identity information of the person making a transaction via the website/mobile applications,
  • to record address and other necessary contact information for communication,
  • to communicate with our customers regarding the terms, current status, and updates of the contracts we have concluded under the distance sales contract and the relevant articles of the Consumer Protection Law, and to provide necessary information,
  • to arrange all records and documents that will form the basis of the transaction electronically (internet/mobile, etc.) or physically,
  • to fulfill our obligations undertaken in accordance with the contracts we have concluded under the distance sales contract and the relevant articles of the Consumer Protection Law,
  • to provide information to public officials upon request and as required by legislation on matters concerning public safety,
  • to inform our customers about products that may be of interest to them by considering our customers’ declared interests, to convey campaigns,
  • to recognize our customers shopping via the https://www.eticaretport.com site and/or mobile applications, to use it in customer base analysis, to use it in various marketing and advertising activities, and to conduct surveys in electronic or physical form through contracted organizations to ensure customer satisfaction,
  • to make suggestions to our customers by contracted institutions and solution partners, to inform our customers about our services,
  • to evaluate customer complaints and suggestions regarding our services,
  • to fulfill our legal obligations and exercise our rights arising from current legislation,
6) How does Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. protect your personal data?

Personal data shared with Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. is under the supervision and control of Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti.. Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. has undertaken the responsibility as the data controller to establish the necessary organization and to take and adapt technical measures required to protect the confidentiality and integrity of information, in accordance with the relevant provisions of the applicable legislation. In this regard, we periodically conduct penetration tests in accordance with international and national technical standards on data privacy and always keep our data processing policies up to date.

7) Does Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. share your personal data?

The sharing of our customers’ personal data with third parties takes place within the framework of the customers’ consent, and as a rule, personal data is not transferred to third parties without the customer"s consent.

However, personal data is shared with courts and other public institutions, limited to our legal obligations. In addition, personal data is transferred to contracted third parties to provide the services we have undertaken and to perform quality control of the provided services.

Necessary technical and legal measures are taken to prevent violations of rights during the transfer of data to third parties. However, Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. is not responsible for violations occurring in the risk area of the third party, due to their own data protection policies.

Your personal data may be shared with Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti.’s shareholders, directly/indirectly domestic/foreign affiliates, partner institutions and organizations with whom we cooperate to carry out our activities, domestic/foreign persons and institutions from whom we receive data storage services in the cloud, domestic/foreign organizations with whom we are contracted to send commercial electronic messages to our customers, the Interbank Card Center, contracted banks, and various agencies, advertising companies and survey companies within the country and abroad, as well as with relevant business partners within the country and abroad to provide better service and ensure customer satisfaction.

8) What are your rights under the Personal Data Protection Law?
According to the KVKK, you have the right to: learn whether your personal data is being processed,
  1. If processed, to request information,
  2. To learn the purpose of processing and whether it is used in accordance with its purpose,
  3. To know the third parties to whom it is transferred domestically or abroad,
  4. If processed incompletely or incorrectly, to request correction,
  5. To request deletion or destruction within the framework of the conditions stipulated in Article 7 of the KVKK,
  6. To request notification of the transactions made in accordance with (d) and (e) above to third parties to whom it has been transferred,
  7. To object to the emergence of a result against you by analyzing the processed data exclusively through automated systems,
  8. If you suffer damage due to unlawful processing, to request compensation for the damage.
9) How can I be informed of legislative changes regarding personal data?

Your rights under the KVKK are the obligations of Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti.. We would like to inform you that we process your personal data with this awareness and to the extent required by the legislation, and in case of legal changes, we will update this information on our page in accordance with the new legislation, and you can always easily follow the updates via this page.

10) How can I be sure that the data is kept accurate and up to date?

In accordance with Article 4 of the KVKK, Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. is obliged to keep your personal data accurate and up to date. In this context, in order for Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. to fulfill its obligations arising from the applicable legislation, our customers are required to share their accurate a

NOTICE ON PERSONAL DATA PROTECTION (KVKK)

As Medyax Bilişim Hizmetleri San. ve Tic. Ltd. Şti. (“Company”), acting as the data controller under the Turkish Law on the Protection of Personal Data No. 6698 (“KVKK”), we process your personal data within the scope explained below.

1) For what purposes do we process your personal data?

Your personal data may be processed for providing our products and services, managing membership and order processes, shipping and return operations, customer support activities, finance and accounting processes, information security operations, and fulfilling our legal obligations.

2) What categories of personal data may be processed?
  • Identity information (name, surname etc.)
  • Contact information (phone, email, address etc.)
  • Customer transaction data (orders, invoices, request/complaint records etc.)
  • Transaction security data (IP, log records etc.)
  • Marketing data (cookie records, preferences and interests etc.)
3) Collection methods and legal bases

Your personal data may be collected electronically via transactions you perform on https://www.eticaretport.com, membership/order forms, communication channels and similar methods. Data may be processed based on legal grounds stated in Articles 5 and 6 of the KVKK, including the establishment/performance of a contract, compliance with legal obligations, establishment/exercise/protection of a right, and legitimate interests. Where explicit consent is required, your explicit consent will be obtained.

4) To whom and for what purposes may your personal data be transferred?

Your personal data may be shared in accordance with the KVKK with our business partners, cargo/logistics companies, payment service providers, IT infrastructure providers, and authorized public institutions and organizations, where necessary for providing the service.

5) What are your rights under the KVKK?

Under Article 11 of the KVKK, you have the right to learn whether your personal data is processed, request information if it has been processed, learn the purpose of processing and whether it is used in accordance with that purpose, know the third parties to whom it is transferred domestically or abroad, request correction if incomplete/incorrect, request deletion or destruction under the conditions stipulated in the KVKK, request notification of such operations to third parties, object to the emergence of a result against you by analyzing the processed data exclusively through automated systems, and request compensation if you suffer damages due to unlawful processing.

6) Contact

You may submit your requests regarding your rights in writing to Fatih Sultan Mehmet Bulvarı, Fethiye Mh. Fazıl Sk. No:8 D:2 Nilüfer / BURSA / TÜRKİYE or contact us via [email protected].