DISTANCE SALES AGREEMENT

This DISTANCE SALES AGREEMENT (“Agreement”) is entered into between Quantum Aesthetics Kozmetik Anonim Şirketi (the “Seller”), whose details are provided below, and the buyer (“Buyer”), whose details are also provided below and who has become a member of the website https://www.quantumaesthetics.com or the mobile application (the “Site”) and accepted this Agreement.

This Agreement is concluded without the simultaneous physical presence of the Buyer and the Seller, through the Site established for the remote marketing and sale of various products belonging to the Seller. The Agreement is formed through the use of the Site up to and including the moment at which the Agreement is concluded.

1. SELLER INFORMATION

Company Name	: Quantum Aesthetics Kozmetik Anonim Şirketi
Registeres Address	: Caddebostan Mahallesi Bağdat Caddesi Köksal Apartmanı No:317 Daire:9 Kadıköy / Istanbul
Product Return Address	: Caddebostan Mahallesi Bağdat Caddesi Köksal Apartmanı  No:317 Daire:9   Kadıköy / Istanbul
Phone Number	: +90 0216 510 22 97
Email address	: support@quantumaesthetics.com
Mersis Number	: 0632128889500001
Tax Office / Number:	: Kozyatağı Vergi Dairesi / 6321288895

 

2. DELIVERY RECIPENT INFORMATION

Name Surname	:
Delivery Address	:
Phone Number	:

 

3. ORDERING PARTY INFORMATION

Name Surname / Title	:
Delivery Address	:
Phone Number	:

 

4. INVOICE INFORMATION

Name - Surnamae / Commercial Title	:
Address	:
Phone nUMBER	:
Email address	:

 

5. SUBJECT AND SCOPE

5.1. The subject of this Agreement is to determine the rights and obligations of the Parties, including but not limited to the sale and delivery of the Product ordered electronically by the Buyer via the Site, the characteristics and sales price of which are specified in Article 7 (Product Information), in accordance with the provisions of the Law, the Regulation, and other applicable legislation.

5.2. The Buyer may only make purchases on the Site in the capacity of a consumer. For Buyers who are not considered consumers with respect to their transactions on the Site, the provisions of the Turkish Commercial Code No. 6102 shall apply. By becoming a member of the Site and placing an order, the Buyer acknowledges and declares that the transaction does not serve a commercial purpose; otherwise, the Buyer will not be entitled to consumer rights, and Quantum may terminate the membership and cancel the orders.

5.3. By accepting this Agreement, the Buyer acknowledges in advance that upon confirming the order subject to this Agreement, they are obliged to pay the Product price, as well as any shipping costs, taxes, and other additional expenses, if applicable, and that they have been informed of this by the Seller.

6. GENERAL PROVISIONS

6.1.1. The Buyer acknowledges, declares, and undertakes that they have read the Preliminary Information Form (“Form”) and the information provided on the Site regarding the essential characteristics of the Product, its sales price and payment method, delivery, the right of withdrawal, protection of personal data, and other preliminary information and conditions; that they are informed about these matters; that they accept the content; that they have provided the necessary confirmation, acceptance, and consent electronically; that they are a party to this Agreement with all its terms and conditions; and that they have entered into the obligation to pay for the order placed.

6.1.2. Before the establishment of this Agreement or before accepting any corresponding offer, the Buyer acknowledges and declares that they have correctly and fully obtained information regarding the essential characteristics of the Product; the Seller’s title, MERSIS number, and tax identification number; the Seller’s full address, telephone number, and similar contact details that allow immediate communication; the contact information through which complaints may be submitted; the total price of the Product including taxes; all carrier, delivery, shipping, and similar additional costs, or if such costs cannot be calculated in advance, information that additional fees may apply; any additional costs imposed on the Buyer in cases where the remote communication tool used in the conclusion of the Agreement cannot be charged at standard rates; payment terms; delivery or performance time compatible with commitments made in commercial advertisements and promotions, along with other relevant delivery and performance information and commitments, if any; methods for resolving complaints; the conditions, duration, and procedure for exercising the right of withdrawal where applicable; the physical address, fax number, telephone numbers, and e-mail address for sending a withdrawal notice; information that the Buyer may not benefit from the right of withdrawal in cases listed under Article 15 of the Regulation or under which conditions the right of withdrawal may be lost; and that in case of disputes, the Buyer may apply to the Consumer Court or Consumer Arbitration Board. The Buyer further acknowledges and declares that they have fully and accurately obtained all other relevant information contained in the Form.

6.2. Delivery

The Product shall be delivered to the Buyer or to a third party designated by the Buyer within the period specified on the Site, depending on the distance to the Buyer’s place of residence, provided that this period does not exceed the legal limit of 30 (thirty) days. If the Product cannot be delivered within this period, the Buyer may terminate the Agreement. For domestic purchases, the Product is shipped free of charge.

6.3. Characteristics of the Product

The Seller undertakes to deliver the Product in full, in accordance with the specifications stated in the order, and together with any applicable warranty certificates, user manuals, or any other information and documentation deemed relevant, in compliance with mandatory provisions of the applicable legislation.

6.4. Impossibility of Performance

If the Seller is unable to fulfill its obligations under the Agreement due to the impossibility of delivering the Product, the Seller shall notify the Buyer in writing or via a durable data storage device within 3 (three) days from the date it becomes aware of the situation, and shall refund all payments collected — including any shipping charges, if applicable — to the Buyer within 14 (fourteen) days from the date of such notification.

6.5. Buyer's Payment Obligation

6.5.1. The Buyer acknowledges that this Agreement has been concluded electronically for the delivery of the Product, and that in the event the Product price is canceled in bank records at the time the order is confirmed on the Site, and/or in the event that the Product price cannot be collected for any reason, the Seller’s obligation to deliver the Product shall retroactively cease and be nullified.

6.5.2. If, after the delivery of the Product to the Buyer or to a third party designated by the Buyer, the full or partial Product price is not paid to the Seller by the relevant bank or financial institution due to unauthorized use of the Buyer’s payment instrument by third parties, the Buyer shall return the Product to the Seller within 3 (three) days, with the shipping costs to be borne by the Seller.

6.6. Force Majeure

If the Seller is unable to deliver the Product within the specified time due to force majeure events, such as circumstances that arise beyond the control of the Parties, that are unforeseeable, and that prevent, delay, or make it difficult for the Parties to fulfill their obligations, the Seller shall notify the Buyer in writing or via a durable data storage device within 3 (three) days. The Buyer has the right to request the cancellation of the order, the replacement of the Product with an equivalent product if available, and/or the extension of the delivery period until the obstructing situation is resolved. In the event that the Buyer cancels the order, if the payment was made in cash, the Product price shall be refunded to the Buyer in cash and in full within 14 (fourteen) days. If the payment was made by bank or credit card, the Product price shall be refunded to the relevant bank within 14 (fourteen) days following the cancellation of the order by the Buyer. The Buyer acknowledges and declares that the reflection of the refunded amount to their bank or credit card account is entirely related to the bank’s processing procedures, and that the Buyer cannot hold the Seller responsible for any possible delays.

6.7.Inspection of the Product

The Buyer shall inspect the Product before accepting delivery and shall not take delivery of any Product that is dented, broken, torn in packaging, damaged, or otherwise defective. Once the Product is accepted, it shall be deemed to have been delivered in an undamaged and intact condition. After delivery, the responsibility to carefully preserve the Product rests with the Buyer. If the right of withdrawal is to be exercised, the Product must not be used. The invoice must be returned.

Any person receiving the Product is responsible for checking it upon delivery and, if any issue arising from shipment is detected, refusing the Product and having a report issued by the courier representative. Otherwise, the Seller shall not accept any liability. If no report is issued regarding damage to the delivered goods/services, the Product shall be deemed to have been delivered intact and undamaged.

6.8. Payment Security

If the Buyer and the holder of the bank/credit card used during the order are not the same person, or if a security risk is detected regarding the bank/credit card used in the order before the Product is delivered to the Buyer, the Seller may request the Buyer to provide identification and contact information of the cardholder, the previous month’s statement of the bank/credit card used for the order, or a letter from the cardholder’s bank confirming that the bank/credit card belongs to them. The order shall be placed on hold until the Buyer submits the requested information/documents, and if these requests are not fulfilled within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.

6.9. Accuracy and Protection of Personal Data

The Buyer declares that the personal data and other information provided while becoming a member of the Site or placing an order are accurate. In the event that the Seller incurs any damages due to the inaccuracy of such personal data or information, the Buyer shall immediately and fully compensate the Seller upon the Seller’s first request and shall keep the Seller fully indemnified against such damages.

The Seller, in its capacity as data controller, carries out the data processing activities under this Agreement in accordance with the Law on the Protection of Personal Data No. 6698 (“KVKK”), using the methods and for the purposes specified in the Privacy Notice and Cookie Policy available on the Site. The Buyer may apply to the Seller using the application methods specified in the Privacy Notice in order to obtain detailed information regarding their personal data being processed and to exercise their rights and submit requests under the KVKK.

6.10. Membership, Ordering Options, and Use of the Site

6.10.1. The Seller allows the Buyer to place orders on the Site either by registering as a member or by continuing without membership (guest login).

6.10.2. The Buyer hereby accepts and undertakes in advance to comply with the provisions of the applicable legal regulations while using the Site and not to violate them. Otherwise, all legal and criminal liabilities that may arise shall rest solely and exclusively with the Buyer.

6.10.3. The Buyer may not use the Site in any manner that disrupts public order, violates general morality, disturbs or harasses others, serves an unlawful purpose, or infringes upon the material or moral rights of others. Furthermore, the Buyer shall not engage in activities that prevent or hinder others from using the Site (such as spam, viruses, Trojan horses, etc.).

6.10.4. Through the Site, links may be provided to other websites and/or content that are not under the control of the Seller and/or that are owned or operated by third parties. These links are placed solely to facilitate navigation for the Buyer and do not constitute any endorsement of the website or its operator, nor do they imply any guarantee regarding the information contained on the linked site.

6.11. Limitation of Seller’s Liability

6.11.1. The Seller is responsible for any loss or damage to the Product until it is delivered to the Buyer or to a third party designated by the Buyer other than the carrier.

6.11.2. If the Buyer requests that the Product be shipped using a carrier other than Yurtiçi Kargo, which is designated by the Seller, the Seller shall not be responsible for any loss or damage that may occur after the Product is delivered to the relevant carrier.

7. PRODUCT INFORMATION

Toral Product Price Excluding Shipping Fee	:
Shipping Fee	:
Discount	:
Total Order Amount	:
Order Date	:
Payment Method and Plan: Credit Card	: Kredi Kartı

 

8. RIGHT OF WITHDRAWAL

8.1. Exercise of the Right of Withdrawal

The Buyer may exercise the right of withdrawal from the Agreement by notifying the Seller in writing or via a durable data storage device, without providing any justification and without incurring any penalty, within fourteen (14) days from the date of delivery of the Product to the Buyer or to the third party designated by the Buyer.

8.2. Return Procedure in Case of Withdrawal

8.2.1. The Buyer must send the Product to the return address within 14 (fourteen) days from the date on which the Buyer notifies the Seller of the exercise of the right of withdrawal. Otherwise, the Buyer’s right of withdrawal shall expire.

8.2.2. Upon notification of withdrawal, a return code will be provided to the Buyer who chooses to return the Product via courier. The Buyer shall send the Product to be returned through Yurtiçi Kargo Servisi A.Ş. and shall include the return code in the Buyer section.

8.3. Refund of the Product Price

The Seller is obligated to refund all payments to the Buyer, including delivery costs for the Product to the Buyer, within 14 (fourteen) days from the date on which the Product subject to the right of withdrawal is delivered to Yurtiçi Kargo Servisi A.Ş., the designated carrier for returns.

8.4. Return Costs

If the return is made via Yurtiçi Kargo, the carrier designated by the Seller, the Buyer shall not be held responsible for return costs. If the Seller’s designated carrier does not have a branch in the Buyer’s location, the Seller shall accept the return of the Product without requesting any additional fees. If requested by the Buyer, the return cost may be deducted from the amount to be refunded or from the delivery costs.

8.5. Return Obligations

In the event that the right of withdrawal is exercised, (i) the invoice of the Product delivered to the Buyer or the third party designated by the Buyer must be returned (if the invoice of the Product to be returned was issued to a company, the return must be made together with the return invoice issued by that company. Returns of orders invoiced to companies cannot be completed unless a return invoice is issued), (ii) the return form, and (iii) the Product to be returned, including its box, packaging, and any accessories, must be delivered to the Seller in full and undamaged.

8.6. Damages and Campaigns Arising from the Exercise of the Right of Withdrawal

8.6.1. If a decrease in the value of the Product occurs due to a reason arising from the Buyer’s fault, or if the return becomes impossible, the Buyer shall immediately and fully compensate the Seller for any damages incurred in proportion to the Buyer’s fault and shall keep the Seller fully indemnified against such damages.

8.6.2. If the exercise of the right of withdrawal causes the total amount to fall below the campaign threshold set by the Seller, the discount previously granted under the campaign shall be cancelled.

8.7. Contact Addresses for Sending the Withdrawal Notice

The full address, fax number, and e-mail information to which the withdrawal notice and the return of the Product shall be sent are as follows:

Title	: Quantum Aesthetics Kozmetik Anonim Şirketi
Address	: Caddebostan Mahallesi Bağdat Caddesi Köksal Apartmanı No:317 Daire:9 Kadıköy / Istanbul
Product Return Address	: Caddebostan Mahallesi Bağdat Caddesi Köksal Apartmanı  No:317 Daire:9   Kadıköy / Istanbul
Phone Number	: +90 0216 510 22 97
Email Address	: support@quantumaesthetics.com

 

8.8. Products for Which the Right of Withdrawal Cannot Be Used

For Products that are prepared in line with the Buyer’s requests or clearly personal needs, or which are not suitable for return due to their nature, or which are not appropriate to be returned for health or hygiene reasons (including but not limited to single-use products, cosmetic products, products that are likely to deteriorate quickly or whose expiration date may pass), the right of withdrawal cannot be exercised if the protective elements such as packaging, tape, seal, or wrapping have been opened. This is in accordance with the Regulation.

9. DEFAULT AND LEGAL CONSEQUENCES

9.1. The Buyer acknowledges, declares, and undertakes that if they fall into default in transactions made by bank or credit card, they shall pay interest and be liable to the issuing bank within the framework of their legal relationship with that bank. In such a case, the relevant bank may pursue legal remedies, request any arising expenses and attorney fees from the Buyer, and in any event, if the Buyer falls into default due to their debt, the Buyer shall immediately and fully compensate the Seller for any damages the Seller incurs due to the delayed performance of the debt and shall keep the Seller fully indemnified against such damages.

9.2. Following the Seller’s notification made in writing or via a durable data storage device, the Buyer shall immediately, and in any case within no later than 3 (three) days, fully compensate the Seller for all damages (including but not limited to any direct, indirect, consequential, positive, or negative damages that the Seller has incurred or may incur due to the default) and shall keep the Seller fully indemnified against such damages.

10. OTHER PROVISIONS

10.1. Evidence Agreement

The Buyer agrees that in any dispute arising from this Agreement, the Seller’s official books and commercial records, as well as electronic data, computer records, and audio recordings kept in its databases and servers, shall constitute evidence, and accepts that this clause qualifies as an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

10.2. Commercial Electronic Message

In addition to the consent given for the conclusion of this Agreement, the Buyer may also grant consent electronically through the Site for the Seller to send commercial electronic messages to the Buyer’s electronic communication addresses for the purposes of promoting or marketing the Products, promoting its business, or increasing brand recognition through content such as greetings or well-wishes. If the Buyer wishes, they may withdraw their consent or refuse to give consent by contacting the Seller through the communication channels specified above. No additional consent is required for commercial electronic messages related to changes, use, or maintenance of the Product.

11. APPLICABLE LAW AND DISPUTE RESOLUTION

11.1. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Turkey.

11.2. Without prejudice to the Parties’ rights under the Enforcement and Bankruptcy Law No. 2004, in the resolution of disputes arising from or related to this Agreement, the Consumer Arbitration Boards located in the Buyer’s place of residence or where the Product was purchased shall have jurisdiction within the monetary limits announced each year in December by the Ministry, and for disputes exceeding these monetary limits, the Consumer Courts shall have jurisdiction.