Distance Selling Agreement

1. PARTIES OF THE CONTRACT

This Distance Selling Agreement is executed by and between PHARUS-TECH (“We” “Our”) and the customer (“Buyer” “Customer” “Member” “You”) logged into the Website and/or the Member customer at the time of approval by the Member in the electronic environment with respect to the utilization of the Website. The Member agrees and declares that she/he has already read the Membership Agreement and Distance Selling Agreement entirely and understand the content of the Agreement completely and approve all the provisions of the same through login to the Website and/or become a Member.

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. Products purchased by the Buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit.

2. SUBJECT OF THE CONTRACT

The subject of this Contract is to determine the mutual rights and obligations of the Parties hereto as per the provisions of the Act 6502 on the Protection of the Consumers and the Regulation on Distance Sales Contracts

as well as all other applicable regulations and applications related to the sales/ purchase and delivery of the product(s) with the below stated properties and the sales price ordered by the Buyer via the electronic environment via the website www.pharus-tech.com  (hereinafter “the Website” or the Site”).

3. PRODUCTS SUBJECT TO THE CONTRACT

3.1 Orders: All orders are subject to acceptance and availability. PHARUS-TECH offers products for sale that are available for dispatch from our side. Occasionally however, we may be waiting for shipments from our suppliers. 

3.2. Acceptance of Payment: Once the Buyer has made his/her choice and his/her order has been placed, the Buyer will receive an email acknowledging the details of his/her order. This email is NOT an acceptance of your order, just a confirmation that UIPRINT has received it.

Unless Buyer cancel his/her order, acceptance of his/her order and completion of the contract between Buyer and PHARUS-TECH will be completed when PHARUS-TECH emails the Buyer to confirm. The sale contract is therefore concluded in Ankara, Turkey and the language of the contract is English or/and Turkish. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of PHARUS-TECH.

PHARUS-TECH reserves the right not to accept his/her order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is not available, or that the Buyer does not meet the eligibility criteria set out within this Agreement.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able.

3.3. Pricing Policy: Product prices are set when items are added to the online sho. Buyers purchasing from a country served as Incoterms 2010 DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Buyers purchasing from a country served as Incoterms 2010 DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from UPS or Standart Shipping Service.

3.4. Payment Type: PHARUS-TECH accepts Visa and MasterCard. The Buyer confirms that the credit/debit card that is being used is his/her or that Buyer has been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to PHARUS-TECH, PHARUS-TECH will not be liable for any delay or non-delivery.To help ensure that your shopping experience is safe, simple, and secure, PHARUS-TECH uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

3.5. Insurance and Delivery: The type, quantity, model, color, sales price, and delivery information of the Product is as provided by client on web site. The Product(s) will be delivered via e-mail to the user.

4. GENERAL CONDITIONS

4.1. The Buyer hereby declares that he/she has learned the information on the basic properties, sales price of the Product(s), payment type, and the other preliminary information including delivery information from the website, and that he/she has agreed and confirmed such information via the electronic environment.

4.2. The Buyer shall also be deemed as he/she has agreed that he/she has obtained the information on the basic properties, in price of the Product in one or all of the currencies displayed on the Website, payment type and delivery information fully and completely with its agreement on the preliminary information via the electronic environment before the execution of the Distance Contract.

4.3. The Products subject to the Contract shall be delivered to the Buyer or address provided by the Buyer or the person/ entity to be designated by the Buyer within the period as prescribed in the preliminary information at the Website.

4.4. It is required to confirm the preliminary information form via the electronic environment for the delivery of the Products. PHARUS-TECH shall be released of its obligations hereunder in the event of non-payment of the price of the Products.

4.5. PHARUS-TECH will inform any failure of delivery within the prescribed period .  In such a case, the Buyer may choose to cancel the order, In the event of cancellation of the order by the Buyer, the price of the Products shall be returned to the bank within seven (7) days from the cancellation. Since there will be a banking process related to the return transaction, the Buyer hereby understands and agrees that PHARUS-TECH will not be able to control any delays and accordingly shall not be held liable for the period from the return of the amount to the credit card and its reflection in the card account by the bank.

If the Buyer will use his/her cancellation right, or if the Product subject to the Contract may not be supplied for any reason whatsoever or if it will be decided by the Consumer Arbitration Committee to return the payment of the order to the Buyer, the return procedure of the amount to the credit card shall be as following:

In the event of return of the goods and services paid through a credit card, PHARUS-TECH may not return the collected amount in cash pursuant to its agreement with the bank. The return to the credit card will be conducted as defined above by the bank upon the return of the amount by PHARUS-TECH in single amount.

5. DEFAULT AND LEGAL CONSEQUENCES

If the Buyer will fail to make any payment related to the transactions conducted with a credit card, he/she will pay the interest amount and be liable against the bank pursuant to the credit card contract concluded between him/her and the bank. In in any case the Bank may use applicable legal remedies; request the refunding of any legal expenses and attorney fees from the Buyer, and the Buyer agrees to pay any losses and damages incurred by PHARUS-TECH due to the delayed performance of the debt by the Buyer, in any case.

6. PRODUCTS FOR WHICH NO RIGHT OF WITHDRAWAL IS ALLOWED

It is not allowed to return the products which may not be returned in line with their properties, single use products, reproducible software and programs, duplicable documents and perishable goods or products.

7. SETTLEMENT OF DISPUTES AND COMPETENT JURISDICTION

The Consumer Arbitration Committees and the Consumer Courts located at the place of the Buyer’s domicile and the purchase place of Products shall settle any dispute between the Parties related to the Contract up to the value as declared by the Ministry of Customs and Trade (TR).