-
Your shopping cart is empty!
TERMS AND CONDITIONS
of the company Lion Medical Wear , based at 1145/6 Street
No:2/F Yenisehir-Konak-Izmir/Turkey, ZIP Code: 35170,
1. Introductionary Provisions
1.1. These Terms and Conditions (from now on "the
Terms") govern mutual rights and obligations of the Seller and the
Customer in accordance with statute1.2. Considering the Terms there are used
the terms with capital letter at the beginning with following:
the Seller
the seller according to the statute, Lion Medical Wear.
the Customer
the customer according to the statute
the Contract
the purchase contract concluded between the Seller and the
Customer
the Consumer
anyone who out of the scope of his business, or occupation
concludes the Contract with the Seller
website
We see website as the program, the application respectively,
that is available online via www.surgicalcaps.store. Its main function is
possibility to show, choose, and order products by the User.
Cart
It is a part of the website that is generated automatically
by the Costumer's activation of several functions including adding, taking away
and modifying the amount of products
the Provider
the person enabling usage of the User's account; Lion
Medical Wear.
User account
a part of the website that is available to one particular
User, it is established via Registration and available after confirming the
access data
the User
a person using the User account
2. User account
2.1. The User is entitled to create an User account on the
Website to make ordering of products easier.
2.2. The User creates the User account the following way: He
fills in at least the necessary data on the Website, especially his first name,
surname, billing address, email address, login, and password, and he saves
these data. At the same time he has to agree with the Terms and with personal
data processing (from now on "the Registration").
2.3. We consider the entered data in the User account true
and complete. The responsibility for potentional faults lies on the User only.
2.4. The access to the User account is restricted by sign up
data, which are login, and password (from now on "the sign up data").
The User and the Provider are both obligated to keep these data private.
2.5. The user is not entitled to allow other people to use
his User account.
2.6. The provider is allowed to cancel the User account,
especially in the case of inactivity of the User longer than one year, or if
the Customer violates his rights related to the Contract, including the Terms.
2.7. The User is aware of the possibility that his account
may be sometimes unavailable, especially in the case of the Provider's software
and hardware maintenance, or the third party's hardware and software
maintenance.
2.8. There are similar restrictions for the User as in
paragraphs 9.9., and 9.10.
3. Concluding the Contract
3.1. All the products on the Seller's Website is only
informative and the Seller is not obligated to conclude the Contract related to
these products.
3.2. If the Customer wants to order the products, he has to
enter them into the cart stating the amount of the product, and then fill in
the form on the Website, which includes:
a) information related to the ordered products, its amount,
b) information related to payment of the price,
c) information related to the delivery, and
d) information considering the expenses related to the
delivery,
e) information considering the name and surname of the
Customer, his billing address, his email address. If the Costumer is identical
with the User, these data are entered automatically (from now on "the
Order").
3.3. It is possible to check and modify the entered data,
including the possibility to find out and correct potentional mistakes made at
the Order.
3.4. The order is definite when the Customer pushes the
button "Order", this is the Offer (from now on "the offer")
and it is bidding for the Customer.
3.5. The Seller confirms the Order immediately to the
Customer via email. The Seller sends the confirmation to email address of the
Customer entered into the User account, or at the Order. When the Seller
confirms the Order, it is acceptance of the Contract (from now on
"Acceptance").
3.6. It is possible to conclude the Contract in the Multi
language.
3.7. The Contract is archived by the Seller for five years
in electronic form. The Customer may access it via his User account.
3.8. Property rights are transferred to the Customer at the
moment of paying all the price of the product, as it is stated in the Contract.
4. Payment Conditions
4.1. The Website includes information about the products,
including the price of the products (from now on "the Price"). The
price includes VAT and all the other fees. The Price is valid when published on
the Website. This does not affect the possibility of the Seller to conclude the
Contract individually.
4.2. The Customer is obligated to pay the Price of the
product including the wrapping and shipping expenses, as well as the delivery
at the agreed amount. If it is not stated other way, the Price already includes
the wrapping and shipping expenses.
4.3. The expenses for remote communication means do not
affect the Price, and the Seller can charge only transport.
4.4. The Seller is entitled to require full or partial
payment before shipping of the product to the Customer.
4.5. The Price can be paid to the Seller in following ways:
a) in cash at the personal purchase,
b) in cash at the place stated by he Customer at he Order in
case of the delivery according to the article 5.1c),
c) by direct debit via PayPal and GoPay systems,
d) by direct debit at the personal purchase,
e) by direct debit via online payment device.
4.6. The Customer states the payment method at the Order.
4.7. The Customer may change the method only if the Seller
agrees with the change. This change must be proposed to the Seller in writing
and delivered to his email address, or billing address.
4.8. The Seller stipulates the right to prohibit the payment
method to the Customer, as the methods are mentioned in paragraph 4.5.
4.9. In case of payment in cash or by credit card, the Price
is collectable at the moment of purchase. In the case of direct debit, the
Price is collectable in 7 days since the concluding of the Contract. If the
price is not paid as collectable, the Customer is considered to back out.
4.10. In case of direct debit to the Seller's account, the
Customer is given variable symbol at the acceptance at the latest. The Customer
is obligated to pay the price and state this symbol.
4.11. In case of direct debit is the obligation to pay the
price fulfilled at the moment of money transfers to the Seller's account.
4.12. If there are any discounts provided to the Customer by
the Seller, they cannot be fused.
4.13. If it is common in business, or if it is stated by the
regulations, the Seller will issue the invoice to the Customer considering
payments related to the Contract.
5. Delivery Conditions
5.1. The Seller allows these methods of the delivery:
a) personal purchase at the Seller's premises,
b) personal purchase at the place stated by the Seller on
the Website (from now on "place of delivery"),
c) delivery to the Customer to the place stated at the Order
by the freight forwarder
5.2. In case of specially required transport, the Customer
bears the risk and additional expenses related to transport.
5.3. If the Seller is obligated to deliver the product to
the place stated at the Order by the Customer, then the Customer is obligated
to take over the product at the delivery. In case of personal purchase the
limit for take-over is ten workdays.
5.4. If the take-over is agreed by delivery, the Seller
fulfilles his duty to pass on the product when he passes on the product to the
first freight forwarder. If the Customer is a Consumer, then the Seller
fulfills his duty to pass on the product to the Consumer's hands. It is not
effective when the Consumer requsted the freight forwarder which was not
offered to him by the Seller.
5.5. The Seller or the freight forwarder may require
identification of the Customer, which may be done by submitting identification
card, or passport. The Seller is entitled to refuse to pass on the product.
5.6. If the Customer does not take over the product within
the limit stated in paragraph 5.3 of the Terms, the Customer is obligated to
pay the storage or re-delivery expenses. The Seller is entitled to sell the
product, having warned the Customer by email and given him the appropriate time
limit. Storage and re-delivery expenses may be requested to be paid by the
Customer and the Seller is entitled to count in the expenses.
5.7. The Seller is obligated to deliver the products and
allow the Customer to dispose with the product in fifteen days since the
concluding the Contract, unless it is stated differently. If the product is
indicated as "in stock", the Seller sends the product in two workdays
since the concluding the Contract at the latest.
5.8. In case of direct debit to the Seller's account,
payment via pay system or online payment device, the Seller is obligated to
deliver the product to the Customer in fifteen days since the Customer
fulfilled his duty to pay the Price of the product, unless it is stated
differently. If the product is indicated as "in stock", the Seller
sends the product in two workdays since the payment at the latest.
5.9. If the Seller does not fulfill his duty to deliver the
product in accordance with paragraphs 5.7, or 5.8, the Customer will notice him
to deliver the product in appropriate time limit. If the Seller does not
fulfill his duty in the limit, the Customer is entitled to back out of the agreement.
5.10. Documents related to the products, especially invoice,
certificates are sent to the Customer by the Seller in two days since take-over
of the product.
6. Transfer of the risks
6.1. If the product is purchased at the premises of the
Seller or at the place of delivery, the risks of damage is transferred to the
Customer at the moment of take-over of the product, or the moment the delivery
was about to be delivered and the Customer is informed that he can dispose with
the product.
6.2. If there is freight forwarder agreed at the delivery,
the risk is transferred to the Customer, when the product is passed on to the
first freight forwarder in accordance with the Contract. If the Seller is
obligated to pass on the product at the particular place, then the risk is not
transferred to the Customer unless it is passed on to the freight forwarder at
the place. The Seller is entitled to keep the documents related to the product,
but this does not affect the transfer of risks. If the Consumer is the Customer,
the risk is transferred at the moment of passing on of the product to his
hands, this is not effective when the Consumer requsted transport by freight
forwarder that was not offered to him by the Seller.
6.3. The risk is not transferred to the Customer unless the
product is marked in accordance with the Contract, by product marks, equipped
with the documents, or the Customer is informed of any other method.
6.4. The Customer is obligated to pay the Price, even if the
product was damaged, or lost when the risks have already been transferred to
him, unless the loss and damage were caused by the Seller violating his
obligations.
7. Faulty performance, warranty, reclamation
7.2 The Customer inspects the product as soon as possible
after the transfer of the risks, and checks the characteristics and amount,
checks the integrity of the wrap. If he finds any fault, he is obligated to
inform the Seller, or the freight forwarder immediately, and the Customer is
entitled not to take over the product. If the Customer takes over the faulty
product, he has to depict the faults in the protocol. If he does not do this,
his rights related to faulty performance expire.
7.3 The Seller guarantees to the Customer that the product
is not faulty at the delivery. At the take-over the product:
7.3.1 can be characterised by the properties agreed by both
sides on, or by the properties described by the Seller, or expected by the
Customer with respect to the promotion and character of the product, if the
agreement is missing,
7.3.2 can be used to the purpose stated by the Seller, or to
the purpose which it is commonly used to
7.3.3 corresponds to the sample or specimen with its
quality, if the quality was determined this way,
7.3.4 is of propper amount, measures, or weight, and
7.3.5 is in accordance with the law.
7.4 If the fault occurs within six months after take-over,
it is considered to be present at the take-over.
7.5 The fault is the significant violanting of the Seller's
obligations, if the Seller was aware or had to be aware that the other party
would not conclude the Contract, if he could expect the fault. In other cases,
it is not significant violation.
7.6 If the faulty performance is significant violation of
the Contract, then the Customer is entitled to request new delivery, repair,
reasonable discount, or back out of the Contract.
7.7 If the faulty performance is not significant violation
of the Contract, the Customer is entitled to request repair, or reasonable
discount.
7.8 The Customer is obligated to apply the fault at the Seller
immediately after he could find it having checked and cared of the product. If
the fault is hidden, the Customer is obligated to apply the fault at the Seller
immediately, when he could find it, in two years at the latest. At the
reclamation or immediately after it, the Customer informs the Seller about the
method of the reclamation he chose. If he does not do it in time, then he is
entitled to reclamation in accordance with paragraph 7.7, even if the fault is
significant violation of the Contract.
7.9 These rights can be executed at the Seller's premises,
if it is possible in respect to scope of the products being sold, or at the
place where it is based, or other premises. Or the Customer must apply his
rights at the party authorised to the repair that is stated in certificate by
the Seller, if it is closer to the Customer. The reclamation is considered
applied at the moment of its take-over.
7.11 The Customer cannot either back out, or request a new
delivery, if he cannot deliver the product in state of take-over. This is not
effective:
7.11.1 if the changes are result of the inspection performed
to find faults,
7.11.2 if the Customer used the product before the
discovering the fault,
7.11.3 if the Customer did not cause the impossibility to
reclaim the product in unchanged state by activity, or pretermission, or
7.11.4 if the Customer had sold the product before finding
the fault, had consumed it, or had modified the product at the usage, if it
happened only partially, the Customer reclaims only what he can reclaim, and
will refund the Seller up to the extend he made use of the product.
Rights related to faulty performance in respect to the legal
obligations
7.12 The Customer is entitled to apply the fault right, if
the fault occurs in twenty-four months after take-over, unless it is a product
at the lower price if the fault is the reason of the lowered price, wear caused
by the casual usage, in case of used product to the fault appropriate to its
usage and wear, that the product had at the take-over, or it implies from the
nature of the product.
7.13 If the product does not have the characteristics
mentioned in paragraph 7.3, the Customer may require even a new product without
faults, as long as it is reasonable in respect to the nature of the product. If
the fault involves only part of the product, the Customer require exchange of
the part; if it is not possible, the Customer may back out. If it is
unreasonable in respect to the nature of a fault, especially if it is possible
to repair the fault, the Customer is entitled to require free repair.
7.14 The Customer is entitled to require a new product,
exchange of the part, even if the fault may be repaired, if he cannot use the
product due to repeated occurence of the same fault, or more faults at the same
time. In that case, the Customer is entitled to back out.
7.15 If the Customer does not back out, or does not apply
the right of a new product, exchange of the part, or repair, he may require the
discount. The customer is entitled to require the discount even in case the
Seller cannot deliver a new product, exchange the part, or repair it, and in
case the Seller does not react in reasonable time limit, or the reclamation
would cause discomfort to the Customer that is the Consumer.
7.16 The customer is not entitled to apply for the right, if
he knew about the fault, or he caused it.
7.17 If there is stated any limit within the product can be
used for casual usage, the Seller guarantees that the product will be eligible
to use for this time, or it will keep its properties. If there are more limits,
the longest of them is effective. But the agreement of the parties is priority.
7.18 The rights related to the faulty performance within the
obligation in paragraphs 7.12 to 7.17, including the right to back out in
accordance with paragraph 8.4, will not be effective, if the Customer is an
entrepreneur and it is obvious that the purchase is related to his business at
the concluding the Contract.
8. Back out of the Contract
8.1. The Seller is entitled to back out of the Contract, if
the product is not in production any longer, is not delivered, or its price has
significantly changed.
8.2. If there are money to be refunded to the Customer in relation
with the back-out, the Seller will refund them using the same method the
Customer did when he paid.
8.3. If there is a gift related to the Contract, there must
be a deed of gift concluded where there is a resolutory condition that in case
of back out this deed is not effective and the Customer is obligated to return
the gift.
8.4. The Customer is entitled to back out of the Contract in
accordance with the paragraphs 7.6 and 7.14.
Back out of the Contract by the Consumer
8.5. The Consumer is entitled to back out of the Contract
within fourteen days. There are different properties according to the type of
the Contract:
8.5.1. If it is a purchase contract, then the course starts
on the day of take-over.
8.5.2. If it is a contract that involves several types of
the products, or delivery of several parts, then the course starts on the day
of the last delivery.
8.5.3. If it is a contract that involves regular delivery of
the products, then the course starts on the day of the take-over of the first
delivery.
8.7. If the Consumer wants to back out of the Contract, he
may use the form provided by the Seller that is enclosed to the Terms. The
back-out form must be sent to the email address of the Seller: info@surgicalcaps.store,
it will be confirmed to the Consumer immediately in writing.
8.8. The back out must be done immediately, in fourteen days
at the latest the Consumer must deliver or pass on the product that he
received. The Consumer is aware of the fact that he shares costs of the back
out. The product must be returned clean, in original cover, including all the
accessories and intact. If the product is not intact, the Seller is entitled to
unilaterally figure in the claim for damages in accordance with this paragraph.
8.9. In fourteen days since the back out the Seller must
refund the Consumer all the funds received from him, including the expenses of
the cheapest transport. The Seller is not obligated to refund the Consumer
sooner than the Consumer proved that he has already sent the product, or the
Seller will receive it. The Consumer agrees that he will be refunded by the
same method he used for payment.
8.10. The Consumer is entitled to back out of the Contract
in accordance with the paragraph 5.9.
9. Private data protection
9.2. The Customer agrees with the following personal data:
name and surname, billing address, identification number, VAT identification
number, email address, phone number, account number, IP address (from now on
"the personal data")
9.3. The purpose of the personal data processing is the
realization of the rights and obligations related to the Contract, including
delivery and payment, providing the User account and marketing needs of the
Seller. If the Customer does not agree with processing of some of the personal
data, it is not obstruction in concluding the Contract.
9.4. The Customer's personal data will be processed for
indefinite time either in electronical form, or in writing.
9.5. The Customer is aware of his obligation to fill in the
true and complete data at the registration of his User account. If there are
any changes in the data, the Customer is obligated to inform the Seller about
these.
9.6. The Seller is entitled to delegate the personal data
processing to the third party as the processor. The Seller must keep the data
of the Customer private, only freight forwarder and payment can be exception.
9.7. The Customer is entitled to approach his personal data.
The Seller is entitled to charge reasonable price for personal data processing,
but these expenses must not be higher than the necessary expenses. If the
Customer considers his personal data to be processed badly or in contradiction
with the law, the Customer is entitled to request explanation of the processed
personal data in sense of paragraph 9.6. The Customer is entitled to request
correction of the detrimental situation.
9.8. The Customer is entitled to cancel his agreement with
Personal data processing anytime.
Sending the newsletters and storing the cookies
9.9. If the Customer does not claim differently at the
order, the Seller consider that he agreed with the sending of newsletters
related to the services, products, or the premises of the Seller. The Customer is
entitled to cancel his agreement anytime, this must be done in writing at the
Seller's billing address, or via the link at the end of the newsletter.
9.11. The Customer is entitled to cancel his agreement with
cookies processing by setting of his browser.
9.12. The Provider processes cookies of the User to improve
the Website and personalization of the content and commercials, providing
functions of the social media and analysis of the visit rate.
10. Final Provisions
10.1. The rights and obligations between the Seller and the
Customer are governed by the law system of the Turkish Republic, especially by
the Civil Code.
10.2. The Contact of the Seller: billing address Lion
Medikal ve Hazır Giyim, 1145/6 Street no:2/F Yenisehir-Konak-Izmir/Turkey,
email address: info@surgicalcaps.store, phone number: +90 539 293 5366
10.3. The Terms come into force 2018.