Distance Sales Agreement
This Distance Sales Agreement ("AGREEMENT") regulates the terms and conditions regarding the sale and delivery of the products ("PRODUCT/PRODUCTS") specified below, which the BUYER wishes to purchase by placing an order through the website www.maredacare.com ("SITE") belonging to the SELLER, and other related matters.
This Agreement has been prepared in accordance with the Law on Consumer Protection numbered 6502 ("LAW") and the Regulation on Distance Contracts ("REGULATION"). The Parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the LAW and the REGULATION under this AGREEMENT.
1. PARTIES
1.1. SELLER:
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TITLE: |
Marad Dış Ticaret Limited Şirketi |
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ADDRESS: |
Halaskargazi Cad. Hidayet Sok. No:4/2 Şişli/İSTANBUL |
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MERSIS NO: |
0612003120700013 |
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TAX OFFICE/NUMBER: |
Şişli Tax Office / 6120031207 |
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EMAIL: |
hello@maredacare.com |
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+90212 233 38 09 |
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PRODUCT RETURN ADDRESS: |
1.2. BUYER:
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NAME/SURNAME: |
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ADDRESS: |
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EMAIL: |
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In the CONTRACT, the SELLER and the BUYER may hereinafter be referred to individually as "PARTY" and collectively as "PARTIES".
2. SUBJECT
2.1. The subject of this CONTRACT is the sale, delivery, collection of payment, exercise of the right of withdrawal, and return processes of creams, serums, skincare products, personal care products, and similar cosmetic products ("PRODUCT/S") ordered by the BUYER electronically via the WEBSITE, and the determination of the rights and obligations of the PARTIES arising within this scope. It is accepted that all or some of the PRODUCTS may be imported products, and that the PRODUCTS offered for sale by the SELLER are placed on the market in accordance with the current cosmetics legislation.
2.2. Regulations such as the Preliminary Information Agreement, Invoice, and Disclosure Text provided by the SELLER to the BUYER are an integral part of this CONTRACT and, together with the rights and obligations contained herein, constitute the entire rights and obligations of the PARTIES.
2.3. The BUYER accepts and declares, within the scope of the terms and conditions regulated in this CONTRACT, that they are informed about the commercial title, address, and contact information of the SELLER, and all preliminary information regarding the basic characteristics, sales price, payment method, delivery conditions of the PRODUCT/S subject to the CONTRACT, and the right of withdrawal, that they have confirmed this preliminary information electronically, and subsequently provided the necessary confirmation for the electronic purchase of the PRODUCT/S.
3. PRODUCTS, PRICING, PAYMENT AND DELIVERY
3.1. The type, quantity, code, sales price, payment information, shipping fee, and delivery information of the PRODUCTS are as follows.
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Quantity |
Price |
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_______________ _______________
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____ ____ |
___________________TL ___________________TL |
Shipping fee : ___________________TL
Total Price Including Shipping and VAT : ___________________TL
Payment Method : ___________________
Delivery Address : ___________________
Recipient : ___________________
Billing Address : ___________________
Phone : ___________________
E-mail : ___________________
Order Date : ___________________
3.2. By accepting this AGREEMENT, the BUYER acknowledges in advance that if they approve the order subject to the AGREEMENT, they will be liable to pay the order price and any additional fees, including shipping and taxes, and that they have been informed of this. Unless otherwise stated, all delivery costs for the PRODUCT/PRODUCTS, including shipping fees, shall be borne by the BUYER.
4. ACCEPTANCE OF THE AGREEMENT AND ELECTRONIC APPROVAL
4.1. The BUYER irrevocably declares and undertakes that by placing an order on the WEBSITE, electronically approving this AGREEMENT, and completing the payment process for the selected PRODUCTS, they have read, understood, and accepted all provisions of this AGREEMENT.
4.2. The BUYER declares that they have viewed this AGREEMENT, the pre-information form, privacy policy, conditions regarding returns and right of withdrawal, and all other informational texts on the WEBSITE electronically before ordering, reviewed their contents, were informed clearly and comprehensibly, and accepted these matters separately.
4.3. The BUYER accepts that the markings such as “I have read, understood, and accept” used during the order process, electronic approvals, and completion of the payment step constitute a binding declaration of intent in accordance with the Turkish Code of Obligations No. 6098 and related legislation.
4.4. If this AGREEMENT is accepted on behalf of a legal entity, it indicates that the relevant person is authorized to perform this transaction. The SELLER may always request documents proving the signature authority of the relevant person. In the event that this AGREEMENT is accepted by an unauthorized person, the responsibility for the legal sanctions specified in this AGREEMENT will rest with the person who acted without authorization.
4.5. The BUYER agrees that all transaction records related to the order (including IP information, date-time information, order content, payment records, log records, and similar electronic data) will be kept by the SELLER, and these records will constitute definitive evidence in case of a dispute.
4.6. The BUYER accepts that the information used in transactions made through the WEBSITE belongs to them, is accurate and up-to-date, and that all liability arising from any contrary situation shall be their own.
4.6.1. The BUYER accepts that the email address and contact information provided within the scope of transactions made through the WEBSITE belong to them and that any notification made through this information shall be considered a valid notification. Notifications made electronically shall be effective without the need for additional written notification.
4.6.2. The BUYER accepts that the card and account information used in payment transactions belongs to them or that they are authorized for its use, and that transactions made with this information will be considered as made by them. The BUYER is responsible for unauthorized use, sharing with third parties, or security breaches arising from the BUYER's fault. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the PRODUCT is delivered to the BUYER, the BUYER may be asked to provide identity and contact information of the credit card holder, the credit card statement for the previous month, or a letter from the bank confirming that the credit card belongs to the card holder. The order will be paused until the BUYER provides the requested information and documents, and if these requests are not met within 24 (twenty-four) hours, the SELLER reserves the right to cancel the order.
4.7. The BUYER agrees to contact the SELLER to seek a solution before initiating a chargeback request with their bank or payment institution regarding payment transactions. The SELLER reserves the right to claim damages incurred due to unfair or malicious chargeback actions. This provision does not eliminate the BUYER's mandatory rights arising from legislation.
4.8. In the event of a clear error (obvious mistake) in the product price, stock information, and campaign contents on the WEBSITE, which an average consumer could clearly notice according to the rule of honesty, the SELLER reserves the right to cancel the relevant order or reconfirm the order according to the actual conditions.
In this context, the BUYER is immediately informed, and any collected amount is refunded.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The SELLER shall ensure the delivery of the PRODUCTS to the address provided by the BUYER during the order, in a sound, complete condition, and in accordance with the specifications stated in the order, provided that the legal 30-day period is not exceeded. In cases of force majeure, international supply and import processes, and similar extraordinary circumstances not attributable to the SELLER, delays in delivery may occur. In such a case, the BUYER will be informed, and if the delay exceeds a reasonable period, the BUYER may exercise their rights arising from the relevant legislation.
5.2. The SELLER will inform the BUYER in case of delivery delays due to stock depletion, import processes, customs procedures, or supply chain problems.
5.3. The BUYER must check the package upon delivery and, in cases of clearly visible damage, have a report drawn up by the cargo officer. However, the BUYER's rights arising from legislation regarding defects not noticeable at the time of delivery are reserved.
5.4. If the BUYER fails to take delivery of the PRODUCT for any reason, it shall be deemed that the BUYER has returned the PRODUCT, and in this case, all payments collected from the BUYER, including delivery costs if any, shall be refunded to the BUYER within the legal period.
5.5. If the PRODUCT is not at the address or is not accepted by the BUYER or a third party designated by the BUYER at the time of delivery, the SELLER shall not be responsible for any expenses and damages arising from the BUYER's delayed or non-delivery of the PRODUCT. In such cases, all expenses, including delivery costs incurred due to the BUYER's late receipt of the PRODUCT, the PRODUCT waiting at the contracted cargo or logistics company, and/or the cargo being returned to the SELLER, shall be borne by the BUYER. In the absence of a person to receive delivery at the address, it is the BUYER's responsibility to contact the relevant cargo company and track the delivery of the PRODUCTS.
5.4. The BUYER is obliged to carefully examine the product contents, usage instructions, warnings, and storage conditions.
5.5. The number of PRODUCTS that the BUYER can order may be restricted by announcements made on the SITE. If the BUYER wishes to order more PRODUCTS than the quantity specified in the announcements on the SITE, they may be prevented from placing an order; if it is determined that they have ordered more than the specified quantity after placing the order, their orders exceeding the specified quantity may be canceled, and in this case, all payments collected from the BUYER, including delivery costs related to the canceled orders, if any, shall be refunded to the BUYER within the legal period. The BUYER accepts and declares that by creating their order, they agree to these terms, and that orders exceeding the quantity limit may be prevented and canceled.
5.6. In cases where a refund is required to the BUYER for any reason under the CONTRACT, if the BUYER made the payment by credit card, the BUYER acknowledges and declares that the average process for the bank to reflect the amount refunded by the SELLER to the credit card to the BUYER's account may take 2 (two) to 3 (three) weeks, that the reflection of this amount to the BUYER's accounts after its refund by the SELLER to the bank is entirely related to the bank's processing time, that the SELLER cannot interfere in any way, and that the bank is responsible for any possible delays and that they cannot hold the SELLER responsible for these.
5.7. After the terms and conditions of this Agreement, the SELLER sends the Preliminary Information Form and this AGREEMENT to the e-mail address specified above by the BUYER. The BUYER can save and store the content of the relevant e-mail on their device and access and review it at any time. Furthermore, as per relevant legislation, the Preliminary Information Form and this AGREEMENT are kept in the SELLER's systems for a period of 5 (five) years.
5.8. The BUYER may communicate their requests and complaints regarding the PRODUCT and sale to the SELLER verbally or in writing through the communication channels of the SELLER specified in the introduction of the CONTRACT.
5.9. The BUYER accepts and undertakes from the outset to comply with and not violate the provisions of the legal regulations when using the SITE. Otherwise, the BUYER shall be solely and exclusively responsible for all legal and criminal liabilities that may arise.
6. PRICING and PAYMENT
6.1. The prices announced on the SITE are sales prices. Announced prices are valid until updated or changed. If a PRODUCT is announced for a limited time, the announced price will be valid until the end of the specified period.
6.2. The BUYER can create an order by selecting the PRODUCTS listed on the SITE according to their needs. The order amount is collected via credit card, debit card, or other payment methods offered on the SITE. Payment transactions are carried out through the secure payment infrastructure directed by the SITE.
6.3. The BUYER is obliged to pay the PRODUCT price before delivery and accepts and declares that if the PRODUCT price is not paid to the SELLER for any reason and/or if the payment is canceled in the records of the relevant bank or financial institution, the SELLER's obligation to deliver the PRODUCT and other obligations arising from the CONTRACT will cease. The BUYER accepts and declares that the SELLER has no responsibility for payments made to the SELLER by the relevant bank or financial institution, despite a failure code being sent by the relevant bank or financial institution for any reason.
6.4. The BUYER accepts and declares that if, for any reason, the bank or financial institution to which the credit card used for the transaction belongs does not pay the PRODUCT price to the SELLER after the PRODUCT has been delivered, the BUYER will return the PRODUCT to the SELLER within 3 (three) days at the BUYER's expense.
6.3. For the BUYER to pay by credit card, they must fill in their credit card information completely and accurately in the relevant section. Payment can be made in a single credit card transaction, or deferred payment can be made by dividing it into a number of installments that may be determined within the scope of campaigns. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the relevant bank or financial institution shall apply. The bank or financial institution may arrange campaigns and apply a higher number of installments than the BUYER's chosen installment count, and may offer services such as installment deferment. Such campaigns are at the discretion of the bank or financial institution. The BUYER accepts, declares, and undertakes that, since deferred sales are only made with credit cards belonging to banks, they will confirm the relevant interest rates and default interest information separately from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank or financial institution and the BUYER, in accordance with the current legislation. Deferred/installment payment options provided by credit card, installment card, etc., issuing institutions such as banks and financial institutions are a credit and/or an installment payment option directly provided by the aforementioned institution; product sales carried out within this framework, for which the SELLER has fully collected the payment, are not considered installment sales for the parties to this Agreement, but cash sales.
6.4. The BUYER is responsible for ensuring the security of the card, account, and verification information they use in payment transactions. The BUYER's liability for damages arising from unauthorized use, sharing with third parties, or security breaches due to the BUYER's fault is reserved within the scope of the relevant legislation.
6.5. The SELLER reserves the right to temporarily suspend the order, request additional verification, or cancel the order, by informing the BUYER, in cases such as suspicion of fraud, security risk, detection of unusual transactions, bank/fraud investigation, chargeback risk, or inability to verify the payment transaction. In this case, if an amount has been collected, the relevant amount will be refunded to the BUYER in accordance with the legislation and banking procedures.
7. RIGHT OF WITHDRAWAL
7.1. Without prejudice to the exception provisions regarding the right of withdrawal in the LAW and REGULATION, the BUYER may exercise their right of withdrawal from this AGREEMENT within 14 (fourteen) days from the date of PRODUCT purchase, provided that they notify the SELLER, without incurring any legal or criminal liability and without stating any reason. The BUYER may also exercise the right of withdrawal until the PRODUCT is delivered.
7.2. For the right of withdrawal to be exercised, the PRODUCT to be returned must be:
(i) The PRODUCT must be returned complete and undamaged, with the product invoice, product return form, product/products' box, original packaging, standard accessories (if any), and accompanying items.
(ii) unused, in resalable condition, with its protective band and cellophane.
The right of withdrawal cannot be exercised for products missing these elements or that are no longer suitable for resale.
7.3. The right of withdrawal cannot be exercised for PRODUCTS in the following cases, as specified in Article 15 of the REGULATION:
7.3.1 Cosmetic and personal care products with opened packaging, protective band, seal, or package, that are used, or unsuitable for resale for hygiene reasons. In this context, if the product's protective cellophane, cap, or hygiene seal is opened, the return will not be accepted.
7.3.2. Products prepared in line with the BUYER's special requests or personal needs (including those made specific to a person/personal needs by making changes or additions, and special products imported/supplied from within or outside the country based on the BUYER's order),
7.4. For the BUYER to exercise the right of withdrawal, they must notify the SELLER of their intention to withdraw clearly and in writing via email to hello@maredacare.com within 14 (fourteen) days and send the PRODUCT/PRODUCTS to the SELLER's return address specified in Article 1.1 within 10 (ten) days from the date of notification. In cases where the BUYER is legally required to issue a Return Invoice according to tax regulations, a Product Return Form must also be filled out and sent with the invoice for the returned PRODUCT/S. Return orders invoiced to corporations (legal entities) will not be accepted unless a Return Invoice is issued.
7.5. Following the SELLER's receipt of the returned PRODUCT within the scope of the right of withdrawal, if the examination reveals compliance with this article, the collected product price, and delivery costs if any, will be refunded to the BUYER within the periods stipulated in the relevant legislation. The SELLER reserves the right to reject the return request if the PRODUCT does not comply with the return conditions.
7.6. In cases where the right of withdrawal can be exercised, the BUYER is responsible for any changes or deterioration that occur if the goods are not used in accordance with their operation, technical specifications, and usage instructions within the withdrawal period, as per legislation. Accordingly, if there is a change or deterioration due to the PRODUCTS not being used in accordance with their usage instructions, technical specifications, and operation until the date of withdrawal, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, the refund amount will be reduced by the extent of the change/deterioration.
7.7. If the right of withdrawal is exercised for PRODUCTS sold as part of a campaign, promotion, or set; the discount, gift, or advantages provided within the campaign become invalid. The entire discount amount will be offset from the amount to be refunded to the BUYER, and if insufficient, it will be collected from the payment method used during the purchase (including credit card, etc.); if the BUYER earned (virtual/physical) gift vouchers, points, etc. due to the purchase, these will be cancelled. Similarly, in cases where (i) the gift product is not returned, or (ii) the set content is sent incomplete, the price of the relevant products or the discount amount provided will be offset from the amount to be refunded, and if insufficient, it will be collected as described above.
7.8. In cases where the right of withdrawal is exercised, the return shipping cost belongs to the SELLER if the shipment is made through the SELLER's contracted cargo company. The BUYER is responsible for any additional costs incurred if the BUYER prefers a different cargo company. In cases where the product is sent defective, damaged, or incomplete, the transportation fee for the returned product is always covered by the seller.
7.9. Provided that the BUYER fulfills the requirements stated above, the SELLER;
(i) If the BUYER exercises the right of withdrawal before the delivery of the PRODUCT, starting from the date the notification of withdrawal is received, or
(ii) If the BUYER exercises the right of withdrawal after the delivery of the PRODUCT, starting from the date the PRODUCT subject to withdrawal is delivered to the designated cargo company for return,
within fourteen (14) days, refund the price of the PRODUCT/S and, if any, the delivery costs of the PRODUCT/S to the BUYER in a manner consistent with the payment method used when purchasing the PRODUCT/S. However, in cases where the BUYER exercises the right of withdrawal after the delivery of the PRODUCT, if the BUYER returns the PRODUCT with a cargo company other than the one designated for return, this obligation begins from the date the PRODUCT reaches the SELLER.
8. PRODUCT INFORMATION AND LIMITATION OF LIABILITY
8.1. The product descriptions and content information on the SITE are for general informational purposes only and are not intended for medical diagnosis or treatment and do not contain any commitment in this regard. The effects of cosmetic products may vary depending on the method of use, skin type, and personal sensitivities.
8.2. The BUYER is obliged to examine the content information, usage instructions, and warnings for the PRODUCTS. The SELLER shall not be liable for any consequences arising from the BUYER's use contrary to known allergies, sensitivities, or special health conditions, as long as there is no fault on the part of the SELLER.
8.3. The SELLER is not responsible for damages that may arise from the use of PRODUCTS contrary to their usage instructions, for purposes other than their intended use, in an excessive or unconscious manner, or when applied together with different products.
9. PROTECTION OF PERSONAL DATA, PRIVACY AND INTELLECTUAL PROPERTY RIGHTS
9.1. The necessary measures for the security of information and transactions entered by the BUYER on the SITE have been taken by the SELLER's system infrastructure, to the extent of current technical capabilities, according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, the responsibility for taking necessary precautions, including those related to viruses and similar harmful applications, to protect them and prevent unauthorized access by irrelevant persons on the BUYER's side belongs to the BUYER.
9.2. During the BUYER's membership to the SITE and their purchases, the SELLER collects and transfers personal data (such as name, surname, contact information) provided through other means, to the specified parties and their successors, for the purposes of providing various PRODUCTS/services, performing the services specified in the CONTRACT, and for all kinds of informing, advertising-promotion, communication, promotion, sales, marketing, store card membership applications, and other commercial-social communications. The processing of such personal data is necessary in accordance with sub-paragraph c of the second paragraph of Article 5 of the Personal Data Processing Law numbered 6698.
9.3. The SELLER accepts, declares, and undertakes to process the personal data collected from the BUYER as mentioned above, within the scope of the services offered under the CONTRACT, in accordance with the purpose of the CONTRACT, related to and limited by the purpose for which it is processed, to retain it until the end of the period necessary for the performance of the obligations under this CONTRACT, to delete, destroy, or anonymize it if the reasons requiring the processing of personal data disappear, and not to transfer it to third parties without the explicit consent of the BUYER, except for what is necessary for its legitimate interests for the performance of this CONTRACT and without harming the fundamental rights and freedoms of the BUYER. The BUYER, by approving this Contract, accepts, declares, and undertakes that they have been informed by the SELLER regarding the processing of personal data in accordance with Law No. 6698, within the scope of the Illumination Text.
9.4. The BUYER can stop data usage-processing and/or communications at any time by contacting the SELLER through the specified communication channels or by exercising their right to refuse in electronic communications sent to them, through legal procedures. According to the BUYER's explicit notification in this regard, personal data processing and/or communications will be stopped within the maximum legal period; additionally, if desired, information other than what must be legally retained and/or is possible, will be deleted or anonymized in a way that prevents identification. If the BUYER wishes, they can always apply to the SELLER through the communication channels above and obtain information on matters such as transactions related to the processing of their personal data, persons to whom it has been transferred, correction if it is incomplete or incorrect, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result arising against them by automatic analysis, and compensation in case of damage due to unlawful processing of data. Applications and requests in these matters will be fulfilled within the maximum legal periods or may be rejected by explaining the legal justification to the BUYER.
9.5. The intellectual and industrial property rights related to the domain name www.maredacare.com, the design of the SITE, its software, logos, brands, visuals, texts, graphics, promotional content, and all other content on the SITE belong to the SELLER or the relevant rights holders and are protected under the Industrial Property Law No. 6769 and the Law on Intellectual and Artistic Works No. 5846.
9.6. The BUYER may only view the content on the SITE for personal use. No content on the SITE may be copied, reproduced, published, processed, transferred to third parties, or used for commercial purposes without the SELLER's prior written consent.
9.7. Even if this CONTRACT terminates for any reason, the BUYER's obligations regarding confidentiality and intellectual property rights will remain in force without any time limitation. For other sites accessed from the SITE, their own privacy-security policies and terms of use apply, and the SELLER is not responsible for any disputes or negative consequences that may arise.
10. FORCE MAJEURE
10.1. Events beyond the control of the PARTIES, unforeseen and unavoidable, whose effects cannot be prevented or overcome even with reasonable efforts, and which make it impossible or significantly difficult for the parties to perform their obligations partially or completely, temporarily or permanently, are considered force majeure. In this context, specifically; earthquake, flood, fire, epidemic, war, terrorism, rebellion, mobilization, strike and lockout, cyberattacks, infrastructure and internet outages, energy supply interruptions, disruptions in banking and payment systems, official authority decisions, legislative changes, and national and international supply chain disruptions are considered force majeure.
10.2. In case of force majeure, the SELLER cannot be held responsible for its inability to fulfill its obligations under this CONTRACT partially or completely, temporarily or permanently. These situations cannot be considered as delay, partial performance, non-performance, or default, and no compensation can be claimed from the SELLER under any name. However, the BUYER's rights arising from the mandatory legislation in force are reserved.
10.3. Specifically, import processes, customs procedures, international logistics delays, supplier-originated disruptions, processing times of official institutions, delays caused by carrier companies, and similar situations are also considered force majeure if they are beyond the SELLER's control.
10.4. In case of force majeure, the SELLER has the right to suspend its obligations, extend delivery periods, partially or completely cancel the order, or perform with an equivalent product. In this case, the SELLER is obliged to inform the BUYER within a reasonable time.
10.5. If the force majeure situation exceeds 30 (thirty) days, either PARTY may unilaterally terminate the CONTRACT. In this case, if any payment has been collected, refund procedures will be carried out within the framework of the relevant legislation and payment institution procedures.
10.6. For the SELLER to rely on force majeure, it is sufficient to provide a reasonable explanation and, if necessary, supporting information and documents, depending on the nature of the concrete event. The SELLER is obliged to inform the BUYER without delay from the moment it learns about the force majeure event.
11. LEGAL REMEDIES - AUTHORIZED JUDICIAL AUTHORITIES
11.1. In disputes arising from this Contract, in accordance with the LAW, within the monetary limits determined annually by the Ministry of Trade, the Provincial/District Consumer Arbitration Committees at the BUYER's place of residence or where the transaction was made are authorized. In disputes exceeding these monetary limits, Consumer Courts are authorized, and in places where there is no Consumer Court, Civil Courts of First Instance act as Consumer Courts.
11.2. In case of dispute, the BUYER may apply to the Consumer Arbitration Committees or Consumer Courts (i) at their place of residence, (ii) where the transaction was made, or (iii) at the SELLER's place of residence.
12. OTHER PROVISIONS
12.1. If any provision of this CONTRACT is found to be unlawful, invalid, or unenforceable, that provision shall be deemed severed from the CONTRACT, and this shall not affect the validity, binding nature, and enforceability of the other provisions of the CONTRACT. The parties agree that in place of the invalid provision, a valid regulation that most closely aligns with the economic purpose and will of the parties shall be applied.
12.2. The SELLER may assign or transfer its obligations or rights under this CONTRACT, partially or completely, to others, or enter into sub-contracts, entirely at its own discretion.
12.3. In disputes that may arise under this Agreement, the SELLER's commercial books and records, electronic records, database records, log records, order records, payment records, e-mail and other electronic correspondence shall constitute valid and binding evidence in accordance with Article 193 of the HMK. The BUYER agrees that it will not object to the accuracy of these records and that it can only prove its claims to the contrary with written evidence.
12.4. The SELLER's failure to exercise or delay in exercising any right under this AGREEMENT does not mean that it has waived this right. Any waiver of a right is valid only if it is in writing and expressly stated.
12.5. The SELLER may unilaterally update the provisions of this AGREEMENT in line with changes in legislation, commercial requirements or operational needs. The updated agreement becomes valid from the date it is published on the WEBSITE. The BUYER's continued use of the WEBSITE means that it accepts the updated terms.
This AGREEMENT, consisting of 12 (twelve) articles, was concluded and entered into force by being read and approved electronically by the BUYER and the SELLER on the transaction date.