Legal notice
CONTRACTING PARTIES
SELLER: COSMOPUBLIC İç ve Dış Tic. A.Ş.
MERSIS NO: 0212-0795-5750-0001
REGISTRY NO: 168281-5
Gaziosmanpaşa Tax Office: 212 079 5575
ADDRESS: Göktürk Merkez Mah. Göktürk Cad. Neo Yaşam Sit. A Blok, Apt. No: 9A/ D:19, Eyüpsultan / Istanbul
WEBSITE: www.thenewlab.com
E-MAIL: info@thenewlab.com
BUYER: Customer
PARTIES AND SUBJECT MATTER
This Agreement determines the rights, obligations and legal responsibilities of the parties in relation to the purchase made through the order form electronically completed by the person purchasing the product/products (hereinafter referred to as the “BUYER”) from www.thenewlab.com (hereinafter referred to as the “WEBSITE”), from the seller company COSMOPUBLIC İç ve Dış Tic. A.Ş., located at Göktürk Merkez Mah. Göktürk Cad. Neo Yaşam Sit. A Blok, Apt. No: 9A/ D:17, Eyüpsultan / Istanbul (hereinafter referred to as the “SELLER”), in accordance with the provisions of the Consumer Protection Law and the Regulation on Distance Contracts.
The order form specifies the characteristics, quality and quantity of the PRODUCT/PRODUCTS (hereinafter referred to as the “PRODUCT/PRODUCTS”), the sales price, the terms and method of payment of the sales amount, and the date of sale. The announced prices and offers remain valid until they are updated or changed. Prices announced for a limited period remain valid until the end of the specified period.
ARTICLE 1. RIGHT OF WITHDRAWAL AND EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The SELLER undertakes the following to the BUYER (Consumer): “The consumer has the right to withdraw from the contract by rejecting the goods or services within fourteen days from the date on which the goods are received or the contract is concluded, without assuming any legal or criminal liability and without providing any reason, and we undertake to accept the return of the goods as of the date on which the withdrawal notification reaches the seller or service provider.”
In order for the BUYER to exercise the right of withdrawal, the BUYER must notify the SELLER in writing within this period and, following such notification, return the goods in their original, unopened condition within no later than 10 days. In the event that this right is exercised, a copy of the cargo delivery receipt showing that the PRODUCT delivered to a third party or to the BUYER has been sent back to the SELLER, together with the original invoice, must also be returned. The PRODUCT price shall be refunded to the BUYER within 10 (ten) days following the receipt of these documents and the PRODUCT by the SELLER. For payments made by credit card, the refund shall be made to the BUYER’s credit card or bank account.
Pursuant to tax legislation, if the original invoice is not returned, VAT and other applicable legal obligations, if any, cannot be refunded. The shipping cost of the returned product shall be borne by the BUYER. In the event that the PRODUCT is one that may expire, the BUYER may not exercise the right of withdrawal.
Likewise, products whose packaging, seal, package or other protective elements have been opened after delivery cannot be returned under the right of withdrawal, as such returns are not appropriate in terms of health and hygiene. Opening the product packaging constitutes an exception to the right of withdrawal.
ARTICLE 2. GENERAL PROVISIONS
2.1. The BUYER acknowledges that they have read and obtained information regarding the basic characteristics, sales price and payment method of the products displayed on the WEBSITE, as well as the preliminary information regarding delivery, and that they have provided the necessary confirmation electronically for the sale.
2.2. The PRODUCT shall be delivered to the delivery address specified by the BUYER on the WEBSITE, properly packaged and intact, together with its invoice, within no later than 30 days.
2.3. If the PRODUCT is to be delivered to a person/entity other than the BUYER, the SELLER shall not be held responsible if the person/entity to whom the PRODUCT is to be delivered refuses to accept the delivery.
2.4. The BUYER is responsible for checking the PRODUCT upon delivery and, if the BUYER notices any damage or issue caused by the carrier, refusing to accept the PRODUCT and having the relevant carrier representative prepare an official report. Otherwise, the SELLER shall not accept any liability.
2.5. The Agreement approved by the BUYER during the purchase made through the WEBSITE shall be sufficient and valid in all circumstances.
2.6. Unless otherwise stipulated in writing by the SELLER, the BUYER must have fully paid the purchase price of the PRODUCT before taking delivery. If the price of the PRODUCT has not been paid to the SELLER before delivery, the SELLER may unilaterally cancel the Agreement and may refuse to deliver the PRODUCT.
2.7. Following delivery of the PRODUCT, if for any reason the Bank/financial institution to which the credit card used for the transaction belongs fails to pay the PRODUCT price to the SELLER, the PRODUCT shall be returned by the BUYER to the SELLER within no later than 3 days, with all related expenses borne by the BUYER. All other contractual and statutory rights of the SELLER, including the right to pursue its receivable arising from the PRODUCT price, shall remain separately and in all circumstances reserved.
For the avoidance of doubt, installment/deferred payment facilities provided by banks and financial institutions issuing credit cards, installment cards or similar payment instruments constitute credit and/or installment payment facilities directly provided by the relevant institution. Accordingly, PRODUCT sales completed within this framework and for which the SELLER has received the full purchase price shall be deemed cash sales, rather than installment sales, between the parties to this Agreement.
The SELLER’s statutory rights in cases legally deemed to constitute installment sales, including the right to terminate the Agreement and/or demand payment of the entire remaining debt together with default interest in the event that any installment is not paid, shall remain in effect and reserved. In the event of default by the BUYER, a default interest rate of 5% per month shall apply.
2.8. If the PRODUCT cannot be delivered within the 30-day period due to extraordinary circumstances outside normal sales conditions, such as adverse weather conditions, earthquakes, floods or fires, and the delay exceeds 10 days, the SELLER shall inform the BUYER regarding the delivery. In such case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary circumstances have ended. If the PRODUCT price has already been collected, the amount shall be refunded to the BUYER within 10 days from the cancellation date. For payments made by credit card, the refund shall be made to the BUYER’s credit card or bank account.
2.9. The BUYER may submit any requests and complaints regarding the PRODUCT and the sale to the SELLER through the SELLER’s communication channels specified in the introductory section of this Agreement.
ARTICLE 3. EVIDENCE AGREEMENT AND COMPETENT COURT
In the resolution of any and all disputes that may arise from and/or in connection with this Agreement and/or its implementation, the SELLER’s records, including records stored in magnetic media such as computer and audio records, shall constitute conclusive evidence. Consumer Arbitration Committees shall have jurisdiction up to the monetary threshold announced by the Ministry of Science, Industry and Technology, and Istanbul Consumer Courts and Enforcement Offices shall have jurisdiction for disputes exceeding such threshold.
The BUYER declares, accepts and undertakes that they have read all terms and explanations contained in this Agreement and the order form, which constitutes an integral part hereof, that they have received and reviewed the terms of sale and all other preliminary information, and that they accept all of them in their entirety.
