DISTANCE SALES CONTRACT
This sales contract will be updated with the product information you receive after you complete your shopping and will be sent to you.
PREFACE
Helliosh delivers/sells the products offered for sale through this distance sales channel only to the final consumers in retail. Any order that is clearly not a retail sale and generally all fraudulent orders will be deemed invalid by Helliosh. The consumer accepts, declares and undertakes regarding the professional/occupational/commercial activities of the purchase made through this distance sales channel. Within the scope of this Distance Sales Agreement (“Agreement”), the consumer (“Buyer”) and Helliosh . (“Seller”) will be referred to individually as a “Party” and collectively as the “Parties”.
1- PURPOSE AND SUBJECT
This Agreement has been drawn up in accordance with the Consumer Protection Law No. 6502 (“Law”) and the Distance Contracts Regulation (“Regulation”), in order to inform the Buyer about the terms and conditions regarding the sale and delivery of products ordered electronically through the Seller’s website www.helliosh.com (“Website”) and to determine the mutual rights and obligations of the Parties. These rights and obligations shall apply to all products offered for sale by the Seller through the Website:
As a result, ordering a product offered for sale on the Website by the Buyer means accepting the entirety of this Agreement, which the Buyer was informed about before placing the order.
The Seller reserves the right to unilaterally change the provisions of this general Contract. However, the provisions of the Contract valid at the time the order is placed by the Buyer will apply to the relevant order.
This Agreement is completed by the “Legal Notice and Terms of Use” located on the Website.
2- BASIC CHARACTERISTICS OF THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
| Explanation | Piece | Amount Including VAT | Total Amount |
| [-] | [-] | [-] TL | [-] TL |
| Shipping Cost | [-] TL | ||
| Payment Method | [-] TL | ||
| Total Amount to be Paid (VAT Included) | [-] TL | ||
3- INFORMATION ABOUT THE SELLER
Title: Çağtay Eşkin Individual Company
Phone: +905312162487
Email address:helliosh@hotmail.com
Umraniye/Istanbul
In case the Buyer returns the goods, the contracted cargo company that will send the goods to the Seller is: Aras Cargo, Yurtiçi Cargo.
If the goods are returned to the contracted cargo company, no fee will be charged to the Buyer. However, if a carrier other than the contracted cargo company is used, the relevant costs will be covered by the Buyer.
4- INFORMATION ABOUT THE BUYER
Name Surname / Title
Delivery Address
Wire
5- GENERAL PROVISIONS
5.1 PRODUCT PRICE
The sales prices in TL valid at the time the relevant order is placed by the Buyer are applied to the products on the Website. The sales prices of the products on the Website may be changed by the Seller from time to time. Such changes will not affect the order already placed by the Buyer. The sales prices stated on the Website are only valid for long-distance sales.
The sales prices stated on the Website do not include shipping costs; shipping costs will be added to the price of the purchased products. The shipping cost will be specified by the Buyer before the order is recorded.
Value added tax (VAT) is included in the sales prices stated on the Website.
5.2 PRODUCT BASIC FEATURES
The Buyer may select one or more products from different categories on the Website.
The Seller may change the variety of products offered for sale on the Website at any time, especially due to reasons arising from its suppliers. Such changes will not affect the order already placed by the Buyer.
The products offered for sale on the Website comply with current Turkish legislation.
5.3 PRODUCT STOCK INFORMATION
Special offers, promotions, campaigns or discounts will be valid on the specified dates and/or until stocks run out. The Seller has the authority to cancel orders in possible cases such as violation of system rules and system errors regarding special rights such as points and discounts given on the Website. No request can be made from the Seller in this regard.
Product stock information is notified to the Buyer at the time the order is placed. This information may exceptionally contain errors or changes due to technical reasons. In cases where some or all of the products are out of stock for whatever reason, the Buyer is notified after the order is placed regarding when the products will be provided or whether all or part of the order has been cancelled.
5.4 ORDER
Placing an order on the Buyer's side means accepting the "Legal Notice and Terms of Use" text on the Website.
All orders are processed in accordance with these provisions and the acceptance of the "Legal Notice and Terms of Use" text on the Website.
Before confirming the order, the Buyer may verify the details of the final order and correct any inaccuracies.
This Agreement is concluded when the Buyer confirms his/her order by clicking on the “Confirm your payment” or “Confirm your cart” tab. It is assumed that the Buyer knows the content and terms of the order he/she confirms and especially this Agreement, that the payment obligation will arise at the moment he/she confirms his/her order and the price, volume/weight, basic features, number and delivery conditions of the products he/she orders. The order in question will be confirmed by sending an e-mail to the e-mail address provided by the Buyer. The Seller recommends that this confirmation e-mail be stored in a physical or electronic environment. In the event of a problem in accessing the Buyer’s e-mail address or if this confirmation e-mail cannot be received, the Seller shall not be liable. In such a case, the confirmed order shall be deemed valid, except for the cancellation of the order by the Seller due to legal reasons. For the avoidance of doubt, the Buyer reserves the right of withdrawal specified in Article 6 of this Agreement.
In order for the contractual product to be delivered to the Buyer, the Preliminary Information Form and this Agreement must be electronically executed/approved by the Buyer and the entire sales price must be paid by the Buyer. If for any reason the entire or partial price of the product is not paid or is cancelled in bank records or if any fraudulent transaction or attempt thereof is detected in the use of the Website, the Seller shall be deemed to have been relieved of the obligation to fulfill the order and deliver the order.
5.5 PAYMENT
The Buyer may use the payment methods specified below. The Buyer acknowledges and declares that he/she has all the necessary legal permissions/status regarding the methods he/she prefers to make payment.
- Bank Cards: Bank cards accepted on the Website: Visa, American Express and Master Card
- Helliosh Gift Cards: [•]
5.7 DELIVERY
The Seller shall deliver the order placed by the Buyer within the period it has committed to, and in any case within 30 (thirty) days from the date of receipt of the order, to the delivery address specified by the Buyer in Article 4.
[If there are any shipping restrictions by region/city or other restrictions, they must be specified.]
The seller is responsible for the delivery of the product in a sound, complete manner, in accordance with the specifications specified in the order, and together with warranty documents and user manuals, if any.
If the Seller cannot deliver the product within the specified time due to force majeure, the Seller is obliged to notify the Buyer. In this case, the Buyer may exercise one of the following rights: cancellation of the order and refund of the order price and/or replacement of the contractual product with a similar one, if any, and/or postponement of the delivery period until the impeding situation is eliminated.
5.8 DEFECTIVE PRODUCTS
The buyer or third parties receiving the order must check the product boxes and packaging as well as the external appearance of the product at the time of delivery.
In cases where the product box is open, damaged or has liquid stains on it, there is an abnormal situation in the products (missing or broken/damaged products) or the wrong product has been delivered, the Buyer or the third party receiving the order must follow the procedure below.
The buyer or the third party receiving the order may also learn the procedure to follow in case of an unusual situation as mentioned above by calling Helliosh Customer Services at 5312162487.
- Procedure to be followed: First of all, please do not open the box/packaging (tape and/or seal if any); otherwise, your return request will not be met. To create your request, fill out the Return Form for the order you want to return within 14 (fourteen) days through your Website account or by logging into the Website with your order number. After filling out the Return Form in question, you can deliver the product to Yurtiçi Kargo or the nearest Helliosh store free of charge, together with the code number, invoice or delivery note document that will be given to you. The product/products in question and your request will be reviewed and you will be contacted as soon as possible. If your request is found justified, all payments made by you, including the shipping costs for the returned product, will be refunded to you in accordance with the payment method you used when making the purchase.
5.9 SUGGESTIONS AND COMPLAINTS
For all your questions, complaints and recommendations regarding the products offered for sale on the Website and their use, you can reach Helliosh Customer Services at 0531 216 24 87 or leave your message by clicking on the "Contact Us" tab on the Website.
6- RIGHT OF WITHDRAWAL
You may exercise your right of withdrawal regarding the products you have purchased, without giving any reason and/or paying any penalty, within 14 (fourteen) days from the date you received the product or from the date it was delivered to the third party to whom it was sent. You may also exercise your right of withdrawal within the period until the relevant product is delivered to you.
In order to exercise the right of withdrawal, according to Article 15, Paragraph 1, subparagraph (ç) of the Regulation, the right of withdrawal cannot be exercised in “contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and those whose return is not suitable in terms of health and hygiene”; first of all, the protective elements such as packaging, tape, seal, package of the relevant product must not be opened at all, otherwise your return request will not be met. In order to create your request, fill out the Return Form regarding the order you want to return within 14 (fourteen) days through your account on the Website or by logging in to the Website with your order number. After filling out the Return Form in question, you can deliver your product to Yurtiçi Kargo or the nearest Aras Kargo together with the code number, invoice or delivery note document that will be given to you. The product/products in question and your request will be reviewed and you will be contacted as soon as possible. If your request is found to be justified, all payments made by you, including delivery costs for the returned product, will be refunded to you within 14 (fourteen) days from the date you delivered the products to the contracted cargo company, in accordance with the payment method you used when making the purchase.
However, if you deliver the products to a carrier other than the contracted cargo company, this 14 (fourteen) day period starts from the date the products reach the Seller.
The Seller cannot be held responsible for any delays or disruptions arising from banks in the refund of the product price.
According to the Regulation, the right of withdrawal cannot be exercised in the following contracts:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiry.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
Contracts regarding movable properties that are required to be registered and unmanned aerial vehicles that are required to be registered according to the Highway Traffic Law No. 2918 dated 13/10/1983.
Contracts regarding mobile phones, smart watches, tablets and computers delivered to the consumer.
Contracts concluded through live auctions.
Contracts regarding the installation or assembly of goods that are specified in the introduction and user manual to be installed or assembled by the seller or authorized service.
We would like to particularly point out that, as explained above, the exercise of the right of withdrawal in cosmetic products is subject to the condition that the packaging of the product is unopened, undamaged and the product has not been used.
7- PLACE OF DISPUTE RESOLUTION
In disputes arising from this Agreement, the provincial or district consumer arbitration committee at the Buyer's place of residence or where the consumer transaction is made shall have jurisdiction up to the value declared by the Ministry of Trade each year, and the Consumer Courts shall have jurisdiction over disputes above the said value.
This Agreement was drawn up on August 30, 2023. With this document, the Buyer accepts and declares that he/she has been informed about all matters included in Article 5 of the Regulation and that he/she has approved the order and is aware that he/she will be under the obligation to pay. The Buyer accepts and declares that by concluding this Agreement electronically, he/she has obtained information about the product/products and himself/herself and has confirmed the accuracy of this information.
