Distance Sales Agreement
Article 1 - Parties
AYKA OPTIK Gida Koz. Tem. Paz. San. Ve Tic. Ltd. Sti. shall be referred to in this agreement as “AYKA”, “francovital.com”, and/or the “SELLER”.
Title: AYKA OPTIK Gida Koz. Tem. Paz. San. Ve Tic. Ltd. Sti.
Address: Sakarya Cad. No1/23 Kizilay / Ankara
Phone: 0312 465 04 54
Email: [email protected]
MERSIS No: 0123005905000018
Shipping Address: Sakarya Cad. No1/23 Kizilay / Ankara
Article 2 - Subject
The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the goods ordered by the BUYER through AYKA’s website www.francovital.com, whose qualities and sales price are specified in the agreement and/or on the website, pursuant to the Consumer Protection Law No. 4077 and the Distance Contracts Regulation.
The BUYER accepts and declares that they have been informed about all preliminary information, including the basic qualities of the goods, sales price, payment method, delivery conditions, and right of withdrawal, confirmed this information electronically, and placed the order after reading and accepting these terms.
Information published on www.francovital.com, agreements approved by the BUYER, delivery notes, cargo delivery slips, and invoices for the goods subject to the agreement are deemed integral annexes of this agreement.
This agreement does not impose any continuous, periodic, or recurring delivery obligation on AYKA except for goods expressly ordered. Goods sold online by FRANCO VITAL are offered to all consumers, and no privilege is granted to the BUYER over other consumers.
Article 3 - Delivery, Place of Performance, Delivery Method and Costs
The goods are delivered to the BUYER, persons residing with the BUYER, or a third person or organization at the delivery address specified by the BUYER during payment.
Payment is a necessary prerequisite for completion of the order. AYKA delivers the goods within 30 days at the latest from payment of the order amount.
If the price of the goods is not paid for any reason, is not transferred to AYKA’s account, is cancelled in bank records, or payment is cancelled by the bank, third parties, or the BUYER, AYKA shall be deemed released from its delivery obligation, without prejudice to all legal rights.
Article 4 - Buyer’s Declarations and Undertakings
The BUYER declares that they have read and understood the preliminary information regarding the basic qualities, sales price, payment method, delivery, and shipping cost of the goods on the website and have provided the required electronic confirmation.
By confirming this agreement and the Preliminary Information Form electronically, the BUYER confirms that they have obtained information about the basic qualities of the goods or services, total price, any additional costs, conditions for exercising the right of withdrawal, and cases where the right of withdrawal cannot be used.
The BUYER shall inspect the goods upon delivery before accepting them and shall not accept goods that are crushed, broken, have torn packaging, or are otherwise damaged or defective; such goods shall be returned with a damage report. Otherwise, responsibility shall belong to the BUYER.
Goods accepted upon delivery are deemed undamaged, intact, and free from defects in the goods or packaging. The BUYER is responsible for carefully preserving the goods after delivery.
If the right of withdrawal is to be exercised, the BUYER must notify within 14 days from the date the goods are delivered to the BUYER or to the third person or organization at the delivery address. The goods and any contents such as box, cleaning cloth, warranty certificate, and cleaning kit must be undamaged and unused.
Article 5 - Seller’s Declarations and Undertakings
AYKA is responsible for delivering the goods subject to the agreement intact, complete, in accordance with the qualities specified in the order, and with warranty documents and user manuals.
If the goods are to be delivered to a person or organization other than the BUYER, AYKA cannot be held responsible if such person or organization does not accept delivery.
If the right of withdrawal is exercised, the goods must be sent to AYKA within 10 days from the date the BUYER directs the notice to AYKA, together with all contents and the original sales invoice. Within 14 days following receipt of the goods and documents, necessary procedures will be carried out with the relevant bank for refund of the price.
If delivery becomes impossible due to force majeure, technical reasons, or similar causes, AYKA shall notify the BUYER within 3 days from learning of the impossibility. The amount paid and any documents shall be returned within 14 days.
Defective or faulty goods may be sent to AYKA for repair under warranty conditions, or replacement if the conditions are met; in this case delivery costs are borne by AYKA. If goods are damaged due to consumer error, intent, negligence, or reasons not attributable to AYKA, AYKA is not obliged to accept return or replacement.
If a refund is required for any reason, the payable amount cannot exceed the invoice amount. Price changes and advantages during discounts, promotions, and campaigns are at AYKA’s discretion, and later discounts or promotions cannot be accepted as grounds for return.
Article 6 - Characteristics and Price of the Goods
The type, quantity, brand/model, color, and sales price including all taxes of the goods are as stated on www.francovital.com, on the product detail page, and in the invoice deemed an integral part of this agreement. Shipping cost will be added to the product price at the payment step.
Payment shall be made by credit card or bank transfer/EFT. In case of default, the interest rate cannot exceed the advance interest rate of the Central Bank of the Republic of Türkiye valid on the default date and, in any event, cannot exceed 30%.
For credit card or credit payments, the BUYER is responsible to their bank pursuant to the agreements between the BUYER and the bank and the relevant legislation.
The BUYER accepts that installment sales are made only by credit card, the number of installments is specified on the FRANCO VITAL website, and installment or payment facilities provided by the bank do not bind AYKA.
If the BUYER purchases by credit card in installments, the installment method selected on the FRANCO VITAL website applies. AYKA cannot be held responsible for disputes between the BUYER and the card-issuing bank.
Article 7 - Right of Withdrawal
The BUYER has the right to withdraw from the agreement by rejecting or returning the goods within 14 days from the date the goods are delivered to the BUYER or to a third person or organization at the delivery address, without assuming any legal or criminal liability and without giving any reason.
The withdrawal notice must be submitted online through www.francovital.com/iade-gonderim by entering the order number and email address.
If the right of withdrawal is exercised, the BUYER must direct an explicit notice to AYKA within the legal 14-day period. Within 10 days from the date of this notice, the goods must be sent to AYKA with all contents, including box, packaging, accessories, any gifted products, and the original sales invoice.
If goods subject to withdrawal are returned through Yurtiçi Kargo, the SELLER’s contracted cargo company, no shipping fee is charged to the BUYER.
Within 14 days following receipt of the goods and documents, AYKA will carry out the necessary procedures with the relevant bank to refund the price to the BUYER’s bank account or credit card account in accordance with the payment method used.
Article 7.2 - Cases Where the Right of Withdrawal Cannot Be Used
The BUYER cannot exercise the right of withdrawal in the following cases:
- If the goods themselves or any contents such as box, cleaning cloth, warranty certificate, cleaning kit, or similar items are damaged.
- If the BUYER does not notify that they will exercise the right of withdrawal within 14 days from the date the goods are delivered to the BUYER or to a third person or organization at the delivery address.
Article 7.3 - Contracted Cargo Company
The BUYER who wishes to return goods by exercising the right of withdrawal must send the relevant goods through AYKA’s contracted cargo company Yurtiçi Kargo to Sakarya Cad. No1/23 Kizilay / Ankara, with shipping costs borne by AYKA.
When Yurtiçi Kargo is used for return within the scope of the right of withdrawal, no cost is charged to the BUYER. If another cargo company not contracted by AYKA is used, the BUYER is responsible for shipping and delivery costs.
Email: [email protected]
Article 8 - Default and Legal Consequences
If the BUYER defaults in credit card transactions, the BUYER shall pay interest within the framework of the credit card agreement with the card-issuing bank and shall be responsible to the bank.
In this case, the relevant bank may resort to legal remedies and request incurred costs and attorney fees from the BUYER. If AYKA suffers damage due to delayed performance caused by the BUYER’s default, the BUYER accepts such payment obligation.
Article 9 - Agreement Signature Date
This Distance Sales Agreement has been prepared in accordance with the Distance Contracts Regulation based on Articles 48 and 84 of the Consumer Protection Law.
The BUYER accepts and declares that they have read all terms and explanations written in this agreement and in the preliminary order-agreement information forming an integral part of it, and that they have been informed in advance about all matters including the basic characteristics of the goods, sales price, payment method, delivery conditions, SELLER information, right of withdrawal, personal information, and electronic communication terms.
The BUYER declares that they have viewed all such information electronically on the website and have ordered the goods by giving electronic confirmation, approval, acceptance, and consent, thereby accepting the provisions of this agreement.
The BUYER has been informed through the Preliminary Information Form clearly presented in the sales steps immediately before approving the order. Electronic approval of the Distance Sales Agreement and Preliminary Information Form means acceptance of their content under applicable legislation, and the approval date is deemed the signature/acceptance date of the agreement.
The BUYER accepts and declares that, due to the nature of the website, an order cannot be placed without approving the agreement and that the approval date of this agreement is the same as the order date.
Article 10 - Competent Court
For disputes arising from this agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Customs and Trade; Consumer Courts are authorized for matters exceeding these limits.
Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts at the BUYER’s place of residence or, if preferred, at the SELLER’s place of residence.