DISTANCE SALES CONTRACT
1. This agreement is between, based on your country of residence; either EST MARJINAL MEDİKAL TANITIM VE İLETİŞİM SAN. TİC. A.Ş. located at Cevizli Mah. Akasya Sk. No:67 Maltepe - Istanbul or Smikra B.V. located at Dynamostraat 72, 1014 BZ Amsterdam (“SELLER”) and member of the www.sefamerve.com (membership information at the time of registration is used) (“BUYER”)
PRELIMINARY INFORMATION
ARTICLE 1 - INFORMATION ON SELLER
1.1 - SELLER
Trade Name: EST Marjinal Medikal Tanıtım ve İletişim San. Tic. A.Ş. or Smikra B.V.
Address: Cevizli Mah. Akasya Sk. No:67 Maltepe - Istanbul or Dynamostraat 72, 1014 BZ Amsterdam
Telephone: 0850 221 30 40
Fax : 0850 577 30 40
Central Registration System No: 0 3800 5650 7000001
1.2 - PURCHASER
Person who is a member of the shopping website (www.sefamerve.com) as a customer. Address and contact information used while becoming a member shall prevail.
ARTICLE 2 - FEATURES OF THE PRODUCT SUBJECT MATTER OF THE SALE
Main features of the goods or services are stated under the address of www.sefamerve.com. You can review the main features of the product during the campaign.
The prices listed and announced on the website are the sales prices. The announced prices and promises are applicable until they are updated and changed. The prices announced on a periodical basis are applicable until the end of their specified period.
The type, quantity, trade mark/model, color, number, sales price, payment method of the Products/Goods/Services consist of information at the time when the order is finalized.
The courier fee, which is the shipping cost of the product, shall be paid by the PURCHASER and shall not be refunded.
ARTICLE 3 - GENERAL PROVISIONS
3.1) The PURCHASER declares that s/he has read and had acknowledge of the main features, sales price and payment method of the product subject matter of the agreement and the preliminary information related to delivery on the sefamerve.com website and that s/he has given the necessary confirmation electronically. The PURCHASER, by confirming this Preliminary Information electronically, has also deemed to confirm that, s/he has received accurate and complete information on address, main features of the products ordered, price including tax, payment and delivery that should be given by the SELLER to the PURCHASER prior to the conclusion of the distant agreements.
3.2) The product subject matter of the agreement shall be delivered to the cargo company and shall be off to be delivered the PURCHASER or to the person/institution at the address demanded by the PURCHASER within the period indicated under the preliminary information on the website depending on the distance of the PURCHASER's residence address per product, provided that the legal period of 30 days shall not be exceeded.
3.3) Due to all kinds of matters that the cargo firm may encounter in the delivery stage of the product to the PURCHASER, the SELLER cannot be held responsible because of the failure of the delivery of the product to the PURCHASER.
3.4) The SELLER is responsible for the delivery of the product subject of the agreement that is sound, complete and complies with the features specified in the order and, if available, with the certificates of warranty and user's guides.
3.5) The SELLER may provide a different product having equal quality and price upon informing and getting explicit consent of the PURCHASER, prior to the expiration of the period of its performance obligation arising out of the agreement.
3.6) If the SELLER fails to fulfill its obligations subject matter of the agreement in the event where the fulfillment of the product or service subject to the order becomes impossible, the SELLER shall notify of such circumstance to the consumer prior to the expiration of the period of its performance obligation arising out of the agreement and refund the PURCHASER with the total price within 10 days.
3.7) This Preliminary Information Form must be confirmed electronically for the delivery of the product. If, by any reason, the product price is not paid or cancelled in the bank record, the SELLER shall be deemed to be released from its obligation of product delivery.
3.8) In case the relevant bank or finance institution does not pay the product price to the SELLER after the delivery of the product due to the illegal or unlawful use of the PURCHASER's credit card by unauthorized persons in a manner not caused by the PURCHASER's fault, the PURCHASER is obliged to return the product to the SELLER within 3 days, provided that the product is delivered to her/him. In such a case, the delivery costs belong to the PURCHASER.
3.9) The SELLER is obliged to inform the PURCHASER if the SELLER is unable to deliver the product within the due period because of force majeure or case of emergencies such as adverse weather conditions that prevent the transportation or transportation outage. In such a case, the PURCHASER can use one of her/his rights to cancel the order, to replace the product subject matter of the agreement with its equivalent, if available, and/or to delay the delivery period until the obstructive circumstance ceases to exist. In case the PURCHASER cancels the order, the amount s/he has paid shall be returned to her/him within 10 days, in cash and in full. In the case of payments made by the PURCHASER with a credit card, the product amount shall be returned to the bank concerned within 7 days after the cancellation of the order by the PURCHASER. Since the reflection of such amount to the PURCHASER's account after its refund to the bank is wholly related to the bank transaction process, the PURCHASER agrees that it is not possible for the SELLER to intervene in any manner for the potential delays and that the amount refunded by the SELLER to the credit card may take around 2 and 3 weeks for the bank to reflect to the account of the PURCHASER.
4.0) The SELLER makes campaigns on product prices periodically. Such campaigns made are for definite periods and are applicable within the scope of campaign conditions. The SELLER has right to make all kinds of updates on campaign conditions and cease the campaign early.
ARTICLE 4 - RIGHT OF WITHDRAWAL
In the distance agreements regarding product sales, the PURCHASER has right to use her/his right to withdraw from the agreement within 14 (fourteen) days as of the date of delivery of product (other than Concert and Event Tickets) to her/himself or the person/institution at the address where s/he demands by refusing the product without having any civil or criminal responsibility and without stating any justification. The withdrawal period may vary according to the groups of products. The returns/changes of products, which cannot be re-used, which are for health and personal hygiene, are not allowed. The withdrawal period for evening dresses is 1 day as of the delivery of product. This period for distance agreements of presentation commences as of the signature date of the agreement. Prior to the expiration of right of withdrawal, the right of withdrawal cannot be exercised in service agreements of which performance of service has been commenced upon the consent of the consumer. The costs arising from the use of the right of withdrawal of agreement belong to the SELLER.
In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 days and the product must not be used within the framework of the provisions of Article 5. If such right is exercised,
a) The invoice of the product delivered to the third person or to the PURCHASER (if the invoice of the product to be returned has been issued for the institution, it shall be returned with the return invoice issued by the institution when returning it. Order return of which invoice was issued in the name of the institutions shall not be completed unless the RETURN INVOICE is not issued.)
b) Return form,
c) Products to be returned must be delivered in a complete and undamaged form, with their box, package and standard accessories, if any.
d) The Seller or provider is obliged to return all payments collected related to the product within the period of right of withdrawal specified as of the date of the notification that the seller or provider received from the consumer regarding her/his exercise of the right of withdrawal. Costs arising out of transportation and delivery of similar goods to the consumer shall not be refunded since these services are provided to the PURCHASER for the delivery of product.
e) If there is a decrease in the value of the goods or if the return becomes impossible due to a reason attributable to the PURCHASER's defect, the PURCHASER is liable to compensate the damages of the SELLER at the proportion of her/his defect.
f) In case the amount paid by the PURCHASER falls below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the amount of discount used within the scope of the campaign shall be cancelled.
g) The cargo cost paid up, while returning the product to the Seller due to the right of withdrawal, shall be bear by the SELLER in case such return is realized by using the cargo code specified by the system when filling the product return request. The PURCHASER is obliged to bear the costs occurred due to the return if s/he has sent the return package with a cargo firm other than the one specified.
h) In case you would like to pay the price of your order at the door delivery in cash or by bank card, you can use the additional service called "Payment at Door Delivery Service" offered by the Cargo Firm. The service price for the option of Payment at Door, which is a payment service offered by the Cargo Firm, belongs to the Cargo Firm. In case the product is returned, such service price for which the Seller is not responsible is not refundable.
i) You may send the products that you would like to return to the address specified under https://www.sefamerve.com/yardim/.
ARTICLE 5 - PRODUCTS ON WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The goods which have been prepared according to the demands or explicit personal needs of the PURCHASER, which are not appropriate to return due to their nature and that are in danger of deterioration or are likely to expire, whose protective elements such as packing, tapes, seals, packages are opened; products whose return are not appropriate in terms of health and hygiene, products which are mixed with other products after their delivery and which cannot be separated by nature, goods or services whose prices vary according to fluctuations in financial markets and are not under the control of the seller or provider, periodical publications such as newspaper and journals other than the ones provided within the scope of subscription agreement, services fulfilled electronically at once or intangible goods delivered to the consumer instantly, services whose performance has been commenced upon the consent of the consumer prior to the expiration of the period of right of withdrawal and audio and video recordings, software programs and computer consumable equipment, provided that their packaging are opened by the PURCHASER cannot be returned according to the Regulation.
Consumer Arbitration Tribunals and Consumer Courts at the place where the PURCHASER purchased the goods or the services and where her/his residence is located are authorized in the implementation of this Preliminary Information up to the amount announced by the Ministry of Industry and Commerce.
The SELLER may submit its application regarding complaints and objections to the arbitration tribunal or to the consumer court where the goods or services are purchased or where its head quarter is located within the monetary limits determined in December every year by the T.R. Ministry of Industry and Commerce.
This Preliminary Information is made for commercial purposes.
DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
1.1 – SELLER
Trade Name: EST Marjinal Medikal Tanıtım ve İletişim San. Tic. A.Ş.
Address: Cevizli Mah. Akasya Sk. No:67 Maltepe - Istanbul
Telephone: 0850 221 30 40
Fax : 0850 221 30 40
E-mail address: bilgi@sefamerve.com
1.2 – PURCHASER
Person who is a member of the shopping website (www.sefamerve.com) as a customer.
Address and contact information used while becoming a member shall prevail.
ARTICLE 2 – SUBJECT
The subject of this agreement is to determine rights and liabilities of the parties with regard to the sale and delivery of product which is ordered by the PURCHASER to the SELLER electronically through www.sefamerve.com website and of which features and sales prices specified below as per the provisions of Law on the Protection of Consumers numbered 6502 and Regulation on the Implementation Principles and Procedures of Distance Agreements.
ARTICLE 3 – PRODUCT SUBJECT MATTER OF THE AGREEMENT
The type, quantity, trade mark/model, color, number, sales price, payment method of the Products/Goods/Services consist of information at the time when the order is finalized.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The PURCHASER declares that s/he has read and had knowledge of the preliminary information on www.sefamerve.com website related to the basic features of the product subject matter of the agreement, its sales price including all taxes and its payment method and delivery and stating that the costs thereof shall be covered by the PURCHASER, the period for delivery and the full trade name, address and contact information of the SELLER and that s/he has provided the required confirmation electronically.
The PURCHASER, by confirming this agreement electronically, also confirms that s/he has received accurate and complete information on address, main features of products ordered, prices of products including tax, payment and delivery required to be provided to the Consumer by the Seller, prior to the conclusion of the distance agreement.
4.2 The product subject to the agreement shall be delivered to the BUYER or the person/organization at the address indicated within the period stated in the preliminary information over the website depending on the distance of the BUYER's residence for each product, without exceeding the 30 days legal period. All shipping costs related to the delivery indicated in Article 3 will be covered by the BUYER and will be reflected under the name of "Shipping Fee" on the invoice for the order.
4.3 If the contractual product will be delivered to a person/entity other than the BUYER, SELLER shall not be held responsible from the non-acceptance of the delivery by that person/entity.
4.4 Due to all kinds of issues that the cargo company may encounter in the delivery stage of the product to the BUYER, the SELLER cannot be held responsible because the product cannot be delivered to the BUYER.
4.5 The SELLER is responsible for ensuring that the contractual product is sound, complete and complies with the qualifications specified in the order and, if available, delivered with the warranty documents and user manuals.
4.6. On the condition of a justified reason, the SELLER can supply the BUYER with a different product with equal quality and price before the expiration of the performance obligation arising from the Agreement.
4.7 If the SELLER fails to fulfil the contractual obligations In cases where the fulfilment of the ordered product or service becomes impossible, it shall inform the consumer before the completion of the time period for the fulfilment of its obligations arising from the Contract and may supply the Buyer with a different product of equal quality and price.
4.8 For the delivery of the products, which are subject of this Contract, the signed copy of the contract must reach to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, by any reason, the product price is not paid or cancelled in the bank record, the SELLER shall be deemed to be released from its obligation of product delivery.
4.9 The BUYER accepts and undertakes that the credit card information defined in the system during shopping is correct, and that he/she has any legal and criminal liability arising from the use of this credit card. After the delivery of the product, if the bank or finance institution does not pay the product price to the SELLER because the credit card belonging to the BUYER is used unrightfully or unlawfully by unauthorized persons due to the BUYER's fault, the product is obligated to be sent to the SELLER within 3 days provided that it is delivered to the BUYER. In this case, the transportation costs rest on the BUYER. In case the BUYER does not send the product back, it accepts and undertakes that it the product price will be transferred to the bank accounts of the SELLER without any notice in case the product price is not received from the credit card or the product price is not returned to the credit card.
4.10 SELLER is obliged to inform the BUYER if the SELLER is unable to deliver the product because of force majeur or exceptional cases such as weather conditions or transportation outage within the due period. In this case, the BUYER can use one of rights to cancel the order, to replace the contractual product with an equivalent (if exists) and/or to delay the delivery period until the preventing circumstance ceases to exist. In case the BUYER cancels the order, the amount he/she paid shall be fully returned in cash within 10 days.
4.11 The points awarded to the customer by the SELLER through a campaign are only valid for one purchase. These points are not refundable even if the product is returned.
In the case of payments made by the PURCHASER with a credit card, the product amount shall be returned to the bank concerned within 7 days after the PURCHASER cancelled the order. Since the reflection of such amount to the PURCHASER's account after its refund to the bank is wholly related to the bank transaction process, the PURCHASER agrees that it is not possible for the SELLER to intervene in any manner for the potential delays and that the amount refunded by the SELLER to the credit card may take around 2 and 3 weeks for the bank to reflect to the account of the PURCHASER.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The PURCHASER has right of withdrawal without stating any justification within 14 days as of the delivery of the product subject matter of the agreement to herself/himself or to the person/institution at the address demanded by her/him.
However, no product return is accepted for the products that are prepared especially for the PURCHASER, are presented for sale for special days such as new years, religious festivals, mother's day and/or imported products, products within the scope of campaigns and promotions, and the PURCHASER does her/his shopping by accepting these terms.
In order to exercise the right of withdrawal, a notification must be made to the SELLER by fax or e-mail within the periods specified under the product groups and the product must not be used within the scope of the provisions of Article 7. If such right is exercised,
a) The invoice of the product delivered to the third person or to the PURCHASER (if the invoice of the product to be returned has been issued for the institution, it shall be returned with the return invoice issued by the institution when returning it. Order return of which invoice was issued in the name of the institutions shall not be completed unless the RETURN INVOICE is not issued.)
b) Return form,
c) Products to be returned must be delivered in a complete and undamaged form, with their box, package and standard accessories, if any. The product price shall be refunded to the PURCHASER within 14 days as of the delivery of such documents to the SELLER.
The cost of cargo of the product returned due to the right of withdrawal shall be bear by the SELLER for domestic orders.
When the product is returned to the SELLER, the original invoice submitted to the PURCHASER during the delivery of the product (in order to ensure consistency in our accounting records) must also be returned, and unless the invoice is sent to the SELLER along with the product or within 5 days as of the date of delivery of the product to the SELLER, the return process shall not be carried out, the product shall be returned to the PURCHASER in the same manner with counter payment. On the invoice to be returned along with the product, the phrase "return invoice" shall be stated and signed by the PURCHASER.
d) You may send the products that you would like to return to the address specified under https://www.sefamerve.com/yardim/
ARTICLE 6 – PRODUCTS ON WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The goods which have been prepared according to the demands or explicit personal needs of the PURCHASER, which are not appropriate to return due to their nature and that are in danger of deterioration or are likely to expire, whose protective elements such as packing, tapes, seals, packages are opened; products whose return are not appropriate in terms of health and hygiene, products which are mixed with other products after their delivery and which cannot be separated by nature, goods or services whose prices vary according to fluctuations in financial markets and are not under the control of the seller or provider, periodical publications such as newspaper and journals other than the ones provided within the scope of subscription agreement, services fulfilled electronically at once or intangible goods delivered to the consumer instantly, services whose performance has been commenced upon the consent of the consumer prior to the expiration of the period of right of withdrawal and audio and video recordings, software programs and computer consumable equipment, provided that their packaging are opened by the PURCHASER cannot be returned according to the Regulation.
ARTICLE 7 – DEFAULT OF THE DEBTOR
In case the PURCHASER fall into default, the PURCHASER agrees to pay the loss and damage of the SELLER due to the delayed performance of the debt. In cases where the default of the PURCHASER is attributable to the SELLER's fault, the PURCHASER shall not be obliged to compensate any loss and damage claims.
ARTICLE 8 – COMPETENT COURT
Consumer Arbitration Tribunals and Consumer Courts at the place where the PURCHASER purchased the goods or the services and where her/his residence is located are authorized in the implementation of this Preliminary Information up to the amount announced by the Ministry of Industry and Commerce.
The SELLER may submit its application regarding complaints and objections to the arbitration tribunal or to the consumer court where the goods or services are purchased or where its head quarter is located within the monetary limits determined in December every year by the T.R. Ministry of Industry and Commerce.
This preliminary information is made for commercial purposes.
Please Note: Before signing the shipping report, please check whether your cargo package is damaged due to transportation. If there is any damage to your cargo package for any reason, please return your cargo for a record to be kept to the cargo authority without signing any documents regarding the delivery. We will immediately send your new products. In case the damaged package of products is accepted to be received, Sefamerve.com is not liable for the damage or deficiency of the products.
Sefamerve Ticket Sale Policy
Our purpose, as EST Marjinal Tanıtım ve İletişim San. Tic. A.Ş. ("Sefamerve) is to ensure that you access tickets that you would like to as soon as possible by organizing your purchase transaction of the ticket with a simple and easy procedure. This Sales Policy also constitutes a part of our Terms of Use. We would like to state that, by being a member of our website and/or by conducting your ticket purchase transactions, you are deemed to have read, understood the provisions of Sales Policy and agreed with the content of the same, and in case you have any request against the provisions of the Sales Policy or have any complaint, we recommend you to contact us.
Terms and Conditions Regarding Tickets
1. Sefamerve, as an authorized ticket sales agent, sells tickets in the name of "organizers, event venues, clubs or theaters" (hereinafter shall be referred to individually as the "Event Organizer"), which organizes an event for which you purchase a ticket, it collects a service price per ticket, however it does not have any right and authority to determine the ticket price or the seating order. The purchaser of the ticket declares and undertakes that s/he does not have any commercial purpose for the ticket purchased, that s/he has purchased such ticket for her/his personal use exclusively, that s/he shall not use the ticket for any commercial affair or commercial activity, unless the Event Organizer or representative gives the explicit permission to do so. To set an example within this context, the purchased ticket shall not be sold to any third parties under any circumstance, the sale of ticket shall not be offered for additional price or in any other manner; the purchased ticket shall not be used for promotions including advertisement, competition and drawings or other commercial purposes. Selling or attempting to sell the ticket at a price higher than the one stated on the ticket shall constitute a justified reason for the seizure of the ticket and/or the cancellation of the ticket without granting any refund or any other claims.
2. While purchasing a ticket from Sefamerve, you have the right to purchase limited number of tickets per event determined previously. This implementation aims to avoid unfair ticket purchases. Purchasing tickets can be limited to a certain maximum number per person and/or credit card, this limitation can be per section in some events. Sefamerve preserves its right to cancel the tickets purchased more than the limited number determined, without serving a prior notice and unilaterally.
3. Tickets are sold generally via various distribution points such as internet, call center, retail sale points. Tickets might be sold out quickly in popular events since all of the sales channels access the same ticketing pool. In some circumstances, there might be additional ticket sale prior to the event, however, Sefamerve does not have any control power over such capacity or the availability of these tickets and does not grant any guarantee in this regard.
4. In case the option of the delivery "via courier" for tickets purchased has been selected, it is required from you to be present at the delivery address on the delivery date and submit an identity card with photo. The courier may not realize the delivery to a person other than the credit card holder for security purposes. The delivery to an address located other than that of the delivery regions cannot be made. The delivery form shall be signed during the delivery.
5. The liability to control and retain your tickets belongs to you. When you obtain your tickets, please keep those in a secure place. Please keep in mind that tickets might be damaged and become unusable due to the direct sunlight or heat.
6. Dates of events can be changed or cancelled by the Event Organizer from time to time for various reasons. In such a case, the procedure to be applied shall be determined and announced by the organizers. Sefamerve does not have any responsibility because of the cancellation of the event and/or change of the date of event. It is your responsibility to have knowledge on as to whether the relevant event has been canceled or on the current date and hours of the event of which date has been changed. In case the event is cancelled or its date is changed, we will pay reasonable effort to inform the ticket holders on such cancellations or changes, provided that we obtain the required authorization from the Event Organizer. In addition to this, any undertaking and/or guarantee is not granted by us with regard to the informing the ticket holders on cancellation or changes prior to the event date.
7. As a principle, all ticket sales are final. In case the tickets sold are lost, stolen, damaged or destroyed in a manner, a change of ticket/issue of a new ticket or refund are not allowed. Unless the event is cancelled, the tickets sold shall not be cancelled, changed and the refund shall not be made in any way after the sale of the ticket. In addition to this, in case the ticket holder is not available to attend to the event of which date has been changed, the refund shall be made to the ticket holders. The refund amounts are restricted with the prices stated on the ticket purchased and related service price applied to per ticket, the claim of transaction price or other fees are not allowed. Furthermore, in case the event is cancelled or postponed, the Event Organizers have right to impose some restrictions on refund conditions as well as right to make changes in the program without obligation to make any refund or change tickets. Complying with the last return request dates determined by the organizer with regard to the refund and other instructions are under the responsibility of our customers. Within this scope, Sefamerve does not bear any responsibility. In order to refund the ticket prices of the event cancelled and postponed, the tickets must be sent to the address of Sefamerve via courier.
8. Tickets are issued by complying with the rules and regulations of the related venue and Event Organizer. In case you violated any of these rules and regulations or caused any damage or disturbance, acted illegally and/or displayed a behavior constitutes a crime, the venue officer or the Event Organizer has the right to get you out of the venue or not to let you in the venue.
A security control can be made in the venue from time to time in order to secure the safety of the customers.
9. Entry and exit to and from the event venue are made according to the rules and regulations determined by the Event Organizer and Event venue. It is a general principle not to go out and re-enter the venue after the ticket control. Admitting those who are late to the event to enter the event venue during the convenient interlude given in the event is fully subject to the rules and regulations determined by the Event Organizer and may differ according to event organizers. Sefamerve does not grant any guarantee for admitting customers who are late to enter the event.
10. The usage of camera or record equipment is subject to the Rules and Regulations determined by the Event Organizer. Therefore, bringing cameras or other recording equipment, laser pointer and mobile phones into the event venue may be forbidden.
11. The event organizers may prohibit the bringing of animals, except dogs guiding disabled persons, into the event venue.
12. The event organizers may prohibit the bringing of food and beverage taken by customers from outside into the event venue.
13. The event venue, Event Organizer and Sefamerve do not bear any responsibility for personal belongings of customers.
14. The ticket holder has the right on only one location with the value stated on such ticket, the event venue or Event Organizer preserves the right to provide to the ticket holder a different location from the one stated on the ticket.
15. Sefamerve is not under any liability, undertaking and responsibility with regard to the tickets/ticket sales and/or events other than price stated on the ticket and the related service fee. Customers agreed, declared and undertook in advance that the responsibility of Sefamerve is restricted with this article, and that they shall not accept Sefamerve as liable regardless of its name, beyond the liability limit stated under this article.
16. In case you would like to obtain any information from Sefamerve with regard to the ticket purchase transaction, please note that you are required to provide the reference number given to you during the completion of your transaction and to keep such reference number.
17. These terms and conditions are fully subject to Turkish Law.
18. Sefamerve website has also been prepared in languages other than Turkish. In case of differences and/or conflicts between the texts in Turkish and other languages, the Turkish text shall prevail.
