DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
1.1 – SELLER Title: BELLA GRUP TURİZM MEDİKAL TEKSTİL TEMİZLİK KIRTASİYE GIDA İNŞAAT İTHALAT VE İHRACAT SAN.TİC.LTD.ŞTİ.
Address : Atalar mahallesi Çanakkale caddesi no55/A Kartal/İSTANBUL
Email address: info@bellatourism.com
1.2 – BUYER
Name Surname: People who are contacted through phone numbers, WhatsApp chats, social media accounts belonging to (BELLA GRUP TURİZM MEDİKAL TEKSTİL TEMİZLİK KIRTASİYE GIDA İNŞAAT İTHALAT VE İHRACAT SAN.TİC.LTD.ŞTİ. and people whose names are used in these mediums.
Address:
Phone:
Email address:
ARTICLE 2 – PURPOSE
- The purpose of this Contract is to determine the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts issues in line with this law, related to the sale and delivery of services/products where the BUYER places an order electronically from the SELLER’s Website and to the qualities and the sales price specified.
This contract regulates the mutual rights and obligations of the parties to mediate the BUYER’s purchase of various health services and health care packages (“Service Packages”) at health institutions belonging to third parties through the Bella Tourism website and phone applications belonging to the SELLER (“Online Platform”) to provide shipping and transportation to the health institution.
ARTICLE 2 – SUBJECT
2.1 The subject of this contract is to contact the medical institutions necessary for the health services published on the Bella Tourism website of the Seller, to mediate registration, to ensure shipping shipping and transportation on the day and time that the BUYER ordered electronically, ebsyre the services provided has the qualities specified in the contract, ensure that the sale and delivery of the products/services with the specified price in line with the Law on Consumer Protection No. 6502 and the Regulations on the Principles and Procedures of Inplementation of Distance Contracts; The Buyer accepts and declares that they are informed about the characteristics, sales price, payment type, delivery type, conditions etc. of the related product/services, they are informed about the preliminary information and right of “withdrawal”, they confirmed these preliminary information electronically and then ordered the product/service; Preliminary information on the Bella Tourism website of the SELLER and this invoice are integral parts of this contract.
2.2 The BUYER may purchase the service, the price, delivery, and other sale conditions which are specified within the website, that they requested to purchase electronically from the website and the product, the amount, shipping route, and type, amount, sales price, payment type of which is specified, in accordance with the provisions of this contract.
The purchased service type, its shipping/transportation route and type, and its amount must be chosen on Bella Tourism website, social media accounts, and contact numbers belonging to Bella Tourism, the sales price and shipment and transportation costs of the service must be paid to the SELLER in line with the payment type specified in this contract and the SELLER must be notified about the delivery address, the person who will receive the delivery and the invoice address.
2.3 The product information and payment types of this contract are:
Product type: Health service agency-Accommodation-Transfer-Translation and Consultancy
Payment Type: Mail Order – Credit Card
Services: Hotel accommodation – Translation and Consultancy and Transfer services
The person who will receive the service: People who are contacted through phone numbers, WhatsApp chats, social media accounts belonging to (BELLA GRUP TURİZM MEDİKAL TEKSTİL TEMİZLİK KIRTASİYE GIDA İNŞAAT İTHALAT VE İHRACAT SAN.TİC.LTD.ŞTİ. and people whose names are used in these mediums.
Invoice Address: The delivery obligation of the SELLER shall be determined according to the availability of the relevant health institution.
ARTICLE 3 – PRODUCT DELIVERY/SERVICE RECEIVING TYPE
3.1. THE BUYER MAY BENEFIT FROM THE SERVICE EXCLUSIVELY. They cannot request that someone else use the service.
3.2. THE SELLER IS OBLIGATED TO COORDINATE SO THAT THE BUYER CAN USE THE HEALTH SERVICE AND IT IS OBLIGATED TO CARRY/DELIVER/TRANSFER THE BUYER TO THE HEALTH INSTITUTION. If the SELLER cannot provide the product within 30 days due to extraordinary situations such as health institutions not being sufficient, adverse weather conditions affecting the shipment, interruption of transportation, strikes, epidemics, etc. it is obligated to inform the BUYER within the same period. In this case, the BUYER may exercise one of the rights: Cancelling the order, changing the subject product with a counterpart, and/or postponing the order until the situation preventing the delivery disappears. If the BUYER cancels the order, the amount will be refunded as stated above.
3.3 THE BUYER HAS TO BE READY ON THE DESIGNATED DAY, TIME, AND PLACE. THE BUYER HAS THE RIGHT TO POSTPONE 1 TIME IF THEY INFORM AT LEAST 15 DAYS PRIOR. UPON POSTPONEMENT, IF THE BUYER IS NOT READY ON THE NEW DAY, TIME, AND PLACE, THE SELLER IS RELIEVED OF ITS OBLIGATION.
3.4 If for any reason the BUYER does not pay the Service Package fee or the payment is canceled in the bank records, the seller shall be deemed to be released from the service delivery obligation.
3.5 WHEN THE SELLER DELIVERS THE BUYER TO THEIR PREFERRED HEALTH INSTITUTION AND THE BUYER SIGNS THE INFORMED CONSENT FORM PREPARED BY THE HEALTH INSTITUTION, THE OBLIGATION OF THE SELLER TOWARDS THE BUYER ENDS.
FROM THIS POINT ON, THE PHYSICIAN-PATIENT RELATIONSHIP IS ESTABLISHED, THE RELEVANT HEALTH INSTITUTION IS EXCLUSIVELY RESPONSIBLE FOR MEDICAL APPLICATIONS, AND THE SELLER IS NOT A GUARANTOR OR WARRANTOR FOR THE MEDICAL APPLICATIONS OF THE HEALTH INSTITUTION. THE BUYER ACCEPTS THIS IN ADVANCE.
3.6 When the BUYER arrives to receive health service, if anything comes up during the workup that prevents the treatment or the operation and the desired medical intervention cannot be performed because they answered the question wrongly during the contract signature or the same happens because of other diseases or allergies etc. that they were not aware of and which could not be forecasted before, THE BUYER ACCEPTS, DECLARES AND UNDERTAKES IN ADVANCE THAT THE SELLER DOES NOT HAVE ANY RESPONSIBILITY, THAT THEY DO NOT HAVE ANY DEMANDS WHATSOEVER FOR REFUNDS, MATERIAL OR SPIRITUAL DAMAGES.
3.7 The BUYER accepts and declares that they read and are aware of the basic characteristics, sales price, payment type, and delivery preliminary information, and that they confirmed.
ARTICLE 4 – PAYMENT
4.1. The price to be paid for purchases made through this website: PRODUCT PRICE + VAT + SHIPMENT COST + ….. TO THE TOTAL OF … TL.(People who are contacted through phone numbers, WhatsApp chats, social media accounts belonging to BELLA GRUP TURİZM MEDİKAL TEKSTİL TEMİZLİK KIRTASİYE GIDA İNŞAAT İTHALAT VE İHRACAT SAN.TİC.LTD.ŞTİ. and people whose names are used in these mediums.)
4.2. For the payment the BUYER makes with a credit card, after the order is canceled by the BUYER, the amount is refunded to the relevant bank within 10 (ten) WORKDAYS. After the refund of the amount to the bank, seeing it in the BUYER’s accounts solely depends on the bank transaction process. Therefore, the BUYER accepts in advance that it is not possible for the SELLER to intervene in possible delays and it may take the bank 2 or 3 weeks to send the amount to the BUYER’s account.
4.3 The BUYER declares that they have read, understood, been fully informed, and confirmed electronically the information provided to them by the SELLER via the Online Platform related to the characteristics, price, payment type, and delivery of the Service Package.
4.4 The BUYER shows express consent to the processing of health data, which are considered sensitive personal data in line with the Personal Data Protection Law No. 6698, by the seller and the contracted health institutions with the condition that it is limited to the medical consultation in order to carry out the requirements of the Service Package.
4.5 The BUYER can send their requests and complaints through the contact channels specified on the above web address. The SELLER evaluates the requests and the complaints then gets back to the BUYER as soon as possible.
4.6 By confirming this Contract electronically, the BUYER affirms that they received information about the address, basic characteristics of the ordered product, health institution where the service will be received, product price including taxes, payment, and delivery information that should be given to the consumer by the SELLER correctly and in full.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1. The BUYER has the right to withdraw without giving a reason within 14 days from the contract signing date.
Using the right of withdrawal is done by informing the SELLER through email within 14 days. Even if the right of withdrawal duration has not expired, if the service starts with the approval from the consumer, the right of withdrawal cannot be used. There is a condition that none of the reservations should be made including at the health institution of the seller, transport, accommodation (hotels, etc.). IF THE SELLER starts making reservations in any health institution or for transport or accommodation WITH THE REQUEST OR PREFERENCE OF THE CONSUMER, it means that the service has started and this voids the right of withdrawal.
When the buyer uses the right of withdrawal, if they were issued an invoice, they have to return the invoice and write “return invoice” on it and sign it.
Right of withdrawal is only valid when used in time and in accordance with the provisions mentioned above, if it is valid the expenses belong to the SELLER. Otherwise, no refund will be made.
By accepting this contract, the BUYER accepts in advance that they were informed about the right of withdrawal.
5.2. Requests for exchanging the product with another product: Exchanges may be made with another health service at the health institutions contracted by the SELLER if the institutions have availability. Exchange requests cannot be considered as a right of WITHDRAWAL.
ARTICLE 6 – APPLICABLE LAW
The parties accept and declare that Turkish Law will be applied to settle disputes from the implementation and interpretation of the Contract.
ARTICLE 7- AGREEMENT ON EVIDENCE
In settlement of any disputes arising from this Contract and/or its implementation, the Seller records (including magnetic records such as computer-voice records) constitute conclusive evidence.
ARTICLE 8 – COMPETENT COURT
In the implementation of this Sales contract, in the disputes that exceed the authority of the Consumer Arbitration Committees (For 2023, in consumer disputes below 66,000 (sixty-six thousand) Turkish Liras, applications can be made to the Provincial or District Consumer Arbitration Committees) Istanbul Anatolian Courts and Enforcement Offices are authorized.
