PERSONAL DATA PROTECTION LAW

(6698 S.K.) SCOPE AND GENERAL CONFIDENTIALITY AGREEMENT

This "Confidentiality Agreement" (hereinafter referred to as the "Agreement")

Altayçeşme Mah, Atatürk Cad, Engin Sk. No:3 D:7Maltepe/Istanbul

(hereinafter referred to as "Vivonca Sağlık Ürünleri Ve Teknoloji Ticaret Limited Şirketi") and ............................ (hereinafter referred to as "COMPANY") located at .................... on the other side. ........... and the COMPANY may hereinafter be referred to separately as "Party" and together as "Parties".

1. Purpose: The Parties may exchange certain Confidential Information of their own in the course of all negotiations to be made by the Parties to each other for use in case of need. This Agreement is intended to determine the procedure for the exchange of confidential information to be disclosed by the Parties to each other in the course of their negotiations and to determine the rights and obligations for the protection of Confidential Information disclosed by one party to the other party. This Agreement does not obligate the Parties to disclose any documents and/or information to each other

2. Definition and Scope of Confidential Information: "Confidential Information" that may be exchanged between the Parties for the purpose set forth in Article 1 of this Agreement "Confidential Information" that may be exchanged between the Parties for the purpose set forth in Article 1 of this Agreement means all information that is in the nature of trade secrets and/or proprietary information of the Party that owns it; including, without limitation, design information, technical information, trade secrets, ideas and inventions, projects, drawings, models, software programs, algorithms, software modules, program source codes, technical specifications, product plans and technologies, software user manuals, marketing information, customer lists, forecasts and evaluations, financial reports, contract provisions, records and all information and materials related to the business of the Party in question, ................All kinds of products, goods and services, the methods used to obtain them, trade secrets, all kinds of formulas, know-how, patents, inventions, designs, customer lists, budgets, business development, marketing and pricing plans and strategies and all similar information regarding itself, its shareholders, affiliates, other persons to whom it has granted licenses, customers and consultants. Confidential information disclosed verbally, visually, by means of samples or models (not in writing) and/or confidential information that may be obtained by examining and testing projects, drawings, devices or their components and using similar methods that may be provided to the other Party by the Party disclosing the information shall hereinafter be referred to as "Confidential Information" and shall be treated within the scope of this Agreement. Information given orally to the other Party shall be treated as Confidential Information if the Party disclosing such information expressly states at the time of disclosure that such information given orally is Confidential Information and notifies the other Party in writing within ten (10) days after disclosure. The information shall be protected and used as Confidential Information.

3. Terms of Use of Confidential Information: The party receiving the Confidential Information shall, for the duration of this Agreement and, if the Agreement is terminated or expires in accordance with clause 8. The Party receiving the Confidential Information agrees, represents and undertakes to comply with the following provisions for the protection and use of the Confidential Information for the duration of this Agreement and, in the event the Agreement is terminated or expires in accordance with Article 8 below, indefinitely from the date of termination or expiration a) use the Confidential Information only for the purpose for which it was provided by the other Party; b) provide the Confidential Information to its own personnel on a "need-to-know" basis, provided that they are relevant to the subject matter, ensuring that they comply with the terms of this Agreement; c) treat the Confidential Information of the disclosing Party with at least as much care as it takes to protect its own and equally important Confidential Information, d) not disclose the Confidential Information to third parties, including its shareholders, affiliates and subsidiaries, without the written consent of the Party disclosing the Confidential Information, e) not copy or reproduce the Confidential Information in any form whatsoever, in whole or in part, except to the extent necessary to fulfill the purposes of this Agreement; if copied or reproduced in whole or in part for the purpose of this Agreement, to place on the copied or reproduced copies a restrictive legend equivalent to that on the original text; f) If necessary for the purpose of this Agreement, to ensure that the organization, subcontractor or other third party to whom Confidential Information is transferred is bound by the same limitations on the retention and disclosure of Confidential Information.

4. Information that is not Confidential Information: The Party receiving the Confidential Information shall have no responsibility or liability under clause 4 with respect to any Confidential Information that is a) if the Confidential Information was known to the receiving Party at the time of receipt a) was known to the receiving Party at the time of receipt of the Confidential Information and such fact can be proved by evidence(s), b) was independently developed by personnel of the receiving Party who were not aware of such Confidential Information and such fact can be proved by evidence(s), c) was known to the public at the time or was subsequently disclosed to the public through no fault of the receiving Party, d) without similar restrictions and without breach of this Agreement, lawfully received from a third party, after all necessary searches and examinations have been carried out to ensure that the third party is under no obligation not to disclose the Confidential Information of the third party, and this can be proved by evidence(s), e) by informing the Party disclosing the Confidential Information in writing in advance if disclosure to the Government of the Party receiving the Confidential Information is required by law, f) If their publication or use is authorized in writing by the Party disclosing the information.

5. Ownership of Confidential Information: Each party agrees that its Confidential Information and its rights in such information are its own property and that such information shall not confer any right or title to the disclosing party. Nothing in this agreement shall be construed as granting to the Parties any exclusive right/license to use the other Party's Confidential Information in the form of software/information/artwork/product protected by intellectual and industrial rights legislation or other legislation. The Parties may obtain such rights of use only through other agreements independent of this Agreement.

6. Exclusion of Liability: The disclosing Party shall not be liable for any direct, indirect, special, incidental, consequential, special, incidental or consequential damages for loss of use, loss of profits or any other loss of use, loss of profit or any other loss of any kind whatsoever to the devices, tools, equipment, personnel and/or third parties of the using Party due to any error or omission in the Confidential Information disclosed by one Party to the other Party under this Agreement.

7. Breach of the Agreement: 7.1 If the Parties breach any of their obligations under this Agreement, and in particular any of their obligations relating to the protection of Confidential Information obtained pursuant to this Agreement, the breaching Party shall be liable to compensate the breaching Party for any loss or damage that may occur, as awarded by the Court. In addition: a) If it becomes known that Confidential Information has been disclosed or used, the receiving Party shall endeavor to prevent further disclosure or use. b) The receiving Party shall promptly notify the disclosing Party of the then-current circumstances and implement any corrective measures requested by the disclosing Party. 7.2 The failure or delay by either Party to exercise or enforce any right or remedy arising out of any breach of this Agreement shall not constitute a waiver of any of its rights under this Agreement or preclude it from exercising that right subsequently or exercising other rights or remedies in the event of a subsequent breach.

8. Term of the Agreement This Agreement shall remain in force for a period of one (1) year from the date of signature, unless extended by written agreement of the Parties, and shall be void at the end of its term without further notice. However, either Party may terminate this Agreement prior to the expiration date by giving 30 (thirty) calendar days' prior written notice to the other Party. If this Agreement is terminated for any reason, the confidentiality obligations of the Parties shall continue indefinitely. If this Agreement is terminated or expires as provided herein, all information and copies of documents belonging to the disclosing Party and in the possession of the other Party shall be returned or destroyed at the request of the disclosing Party.

9. Settlement of Disputes: All disputes arising out of the interpretation and execution of this Agreement shall be governed by the laws of the Republic of Turkey and the Istanbul Çağlayan Courts and Enforcement Offices shall be exclusively authorized to hear disputes. 10. Expenses: The Parties agree not to claim from the other Party any expenses that may be required for the work to be carried out under this Agreement. 11. Entire Agreement and Modifications: The foregoing constitutes the entire Agreement between the Parties and supersedes any and all prior agreements, commitments and understandings, whether oral or written, with respect to the subject matter of this Agreement. This Agreement may be amended only by written agreement of the Parties. 12. Severability of Clauses: If one or more of the provisions of this Agreement are declared invalid, illegal or unenforceable under any law or regulation, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. 13. Prohibition of Assignment: This Agreement and/or any of the rights and obligations hereunder may not be transferred or assigned to any third party without the prior written consent of the other Party. 14. Business Relationship: This Agreement, except for the provisions described herein, does not bring any rights and obligations to the Parties, moreover; It cannot be interpreted that it aims to establish a partnership or other business of an official nature for the Parties and that another contract will be made in the future. 15. Notification addresses: All notices, demands, requests and other notices required or permitted to be given pursuant to this Agreement shall be in writing in Turkish and delivered to the other Party by registered mail or notary public. Notices shall be given to the addresses of the Parties specified on the first page of the Agreement. Changes to these addresses shall be notified in writing to the other Party. Such addresses shall be the legal domiciles of the Parties and notifications to these addresses shall be deemed to have been received by the addressee. 5/7 Confirming the above, this Agreement has been signed and entered into force by the authorized signatories of the parties on ................... as 15 (fifteen) articles and 1 (one) original copy. The original copy will remain at ........... and the photocopy copy will remain with the COMPANY.

 DISTANCE SALES CONTRACT

1 - PARTIES

SELLER

  • Seller Name/Title: Vivonca Health Products and Technology Trade Limited Company
  • Seller's Address: Altayçeşme Mah, Atatürk Cad, Engin Sk. No:3 D:7Maltepe/Istanbul
  • Seller's Phone:+90 544 304 62 44
  • Seller Mersis No:
  • Seller E-Mail Address : [email protected]
  • The Cargo Company to which the Buyer will send the Goods to the Seller in case of Return:
  •  https://www.cerenad.com/ Contact Info: Tel: +90 544 304 62 44 Mail: [email protected]
                                                         

RECIPIENT

  • Name - Surname :
  • Address :
  • Telephone:
  • E-Mail :

2- SUBJECT AND SCOPE OF THE AGREEMENT

This Distance Sales Agreement ("Agreement") has been prepared in accordance with the Consumer Protection Law No. 6502 ("Law") and the Distance Contracts Regulation. The parties to this Agreement hereby accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Distance Contracts Regulation under this Agreement.

The subject of this Agreement; The Buyer's electronic order for the purchase of goods or services belonging to the Seller from the website www.vivonca.com (" Website") belonging to Vivonca Health - Cansu Uğurcan Aydın Şahıs Şirketi. ("Seller "), in accordance with the provisions of the Law and the Distance Contracts Regulation regarding the sale and delivery of the goods or services with the qualifications specified in the Agreement, constitutes the determination of the rights and obligations of the parties.

3-BASIC CHARACTERISTICS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE CONTRACT (VAT INCLUDED)

The Type and type, Quantity, Brand / Model, Sales Price of the goods or services ordered are as stated below on the website www.vivonca.com and this information has been approved by the Buyer.

Product Code and Name:  
Pieces:  
Seller Title:  
Unit Price:  
Unit Discount:  
Voucher  
Score:  
Total Sales Amount:  
Expiry Difference:  
Total Amount including VAT:  

Advertised prices and promises are valid until they are updated or changed. Prices announced for a period of time are valid until the end of the specified period.

  • Total product cost excluding shipping:
  • Shipping Cost:
  • Total Cost Including Shipping:
  • Payment Method and Plan:
  • Credit Interest Received:
  • Interest rate used in the interest rate calculation:
  • Delivery address :

4- DELIVERY OF GOODS AND METHOD OF DELIVERY

The Contract shall enter into force upon approval by the Buyer electronically and shall be executed by the delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered by the contracted cargo company to the address and authorized person(s) specified in the Buyer's order form and this Agreement. When the goods or services subject to the order are delivered to the cargo company by the Seller, the responsibility for the delivery of the order is transferred to the cargo company.

5- DELIVERY COSTS AND PERFORMANCE

The costs of delivery of the goods shall be borne by the Buyer unless otherwise stipulated. If the Seller has declared on the Website that the delivery costs will be borne by the Seller, the delivery costs shall belong to the Seller.

Delivery of the goods shall be made within the committed period after the payment is made. The Seller shall deliver the goods or services within 30 (thirty) days after the goods or services are ordered and paid for by the Buyer, without prejudice to the cases where it is impossible to fulfill the performance of the goods or services subject to the order.

If for any reason the price of the goods or services is not paid by the Buyer or the existing payment made is canceled in the bank records, the Seller is deemed to be released from the obligation to deliver the goods or services.

The Buyer is responsible for the shipping costs in case of order cancellations made by the Buyer after the goods are shipped by the Seller but before they are received by the Buyer.

In cases where it becomes impossible to fulfill the performance of the goods or services subject to the order, the Company shall notify the Buyer within 7 (seven) days from the date of learning of this situation and shall refund all payments collected, including delivery costs, if any, within 14 (fourteen) days at the latest from the date of notification.

6- DECLARATIONS AND COMMITMENTS OF THE BUYER

The Buyer accepts and declares that he / she has read and informed the preliminary information uploaded by the Seller regarding the basic qualities of the goods or services subject to the Contract on the Website, the sales price and payment method and the delivery and shipping cost and that he / she has given the necessary confirmation electronically.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that the address, the basic features of the goods or services ordered, the price of the goods or services including taxes, payment and delivery and delivery price information that must be given to the Buyer by the Seller before the conclusion of distance contracts are also accurate and complete.

The buyer shall inspect the goods / services subject to the contract before receiving the goods / services subject to the contract, dents, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The delivered goods / services shall be deemed to be undamaged and intact. The obligation to carefully protect the goods / services after delivery belongs to the Buyer. 

The Buyer accepts, declares and undertakes that the supporting equipment necessary for the use of the product(s) purchased will be provided by him/her and that the Seller will not be responsible for any deficiencies and problems that may arise whether or not they are his/her fault.

Buyers may submit their requests and complaints as a consumer by using the Seller contact information above and / or via the support line or e-mail address that they can reach from the Contact section on the Website.

If the Buyer resides/is located outside the borders of the Republic of Turkey and/or the address where the product will be delivered is located outside the borders of the Republic of Turkey, he/she accepts, declares and undertakes in advance that the customs duties, taxes, fees and any other financial obligations to be accrued in accordance with the laws, regulations and relevant legal regulations of the country where he/she resides/is located and/or the country where the product will be delivered will belong to him/her due to the purchase of the product in question, and that he/she will immediately and fully fulfill all payments to be requested for the delivery of the product.

In the event that the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or unlawful use of the credit card of the Buyer by unauthorized persons in a way that is not caused by the fault of the Buyer after the delivery of the goods or services, the Buyer is obliged to return the goods or services to the Seller within 7 (seven) days, provided that they have been delivered to him. In this case, delivery expenses belong to the Buyer.

The Buyer and the Seller accept, declare and undertake that the correspondence addresses mentioned at the beginning of this contract are valid notification addresses and that all notifications to be addressed to this address will be deemed valid.

7-SELLER'S DECLARATIONS AND COMMITMENTS

The Seller is responsible for delivering the goods or services subject to the Contract to the Buyer in accordance with the consumer legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

If the Seller cannot deliver the goods or services subject to the contract within the period due to force majeure or extraordinary circumstances preventing transportation, it is obliged to notify the Buyer within 7 (seven) days from the date of learning of the situation.

If the goods or services subject to the contract will be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to be delivered to accept the delivery.

8-RIGHT OF WITHDRAWAL

The Buyer may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery in transactions related to the sale of goods and 14 (fourteen) days from the date of purchase in transactions related to the sale of services, without any legal and criminal liability and without any justification. The buyer may also exercise the right of withdrawal within the period until the delivery of the goods.

The buyer can exercise his/her right of withdrawal by logging in to www.vivonca.com. and clicking on the "Return" link through [.] My Account>Current Order>My Orders. The buyer must fill out the return request form on the relevant page and send the goods back within 7 (seven) days from the date of exercising the right of withdrawal by taking the seller's return address information. Together with the goods, the invoice, the box, packaging, standard accessories, if any, and other products gifted with the goods must be returned complete and undamaged. The buyer is not responsible for the changes and deterioration that occur if the buyer uses the goods in accordance with their functioning, technical specifications and instructions for use within the withdrawal period. page.

As long as the Buyer sends the goods to be returned to the Seller with the Seller's contracted cargo company specified in the Preliminary Information Form, the return shipping cost belongs to the Seller. In the event that the Buyer sends the goods to be returned by a cargo company other than the Seller's contracted cargo company specified in the Preliminary Information Form, the Seller is not responsible for the return shipping cost and the damage to the goods during the shipping process.

Within 14 (fourteen) days from the Buyer's exercise of the right of withdrawal (provided that the goods are sent back via the carrier specified by the Seller for return), all payments made by the Buyer to the Seller or Intermediary Service Provider for the relevant goods or services will be refunded to the Buyer in a single payment in accordance with the payment instrument used by the Buyer when purchasing and without any cost or obligation to the consumer. For purchases made using credit, in cases where the right of withdrawal is duly exercised, the product price will be returned to the account associated with the credit.

9-CIRCUMSTANCES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be used for products that are specially prepared for the buyer's request or personal needs or for products that have been modified in the standard qualities of the product, products that deteriorate quickly or may expire, and products whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene. The exercise of the right of withdrawal in products is subject to the condition that the packaging of the product is intact, the product has not been used and has not lost its resalability.

The Buyer accepts that the information regarding the right of withdrawal has been duly made in accordance with the Regulation on Distance Contracts.

10-DISPUTE RESOLUTION

The responsibility for the goods or services sold under the Law and the Regulation on Distance Contracts belongs to the Seller. However, Buyers shall directly communicate their complaints about the goods and services they have purchased to the Sellers.

In disputes related to this Distance Sales Contract; Provincial or District Consumer Problems Arbitration Committees in the place where the Buyer purchases the product in the settlement of the Buyer or where the Buyer's residence is located, up to the value announced by the Ministry of Customs and Trade every year, and Consumer Courts are authorized in disputes above the said value.

11-PRICE OF GOODS/SERVICES

The cash or futures sales price of the goods is the price included in the order form, as well as in the information e-mail sent at the end of the order and in the invoice sent to the customer with the product. Discounts, coupons, shipping fees and other applications made by the seller are reflected in the sales price.

12-DEFAULT AND LEGAL CONSEQUENCES

In the event that the Buyer defaults in the transactions made with the credit card, the cardholder shall pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies; may demand the costs and attorney fees from the Buyer and in any case, in case the Buyer defaults due to the Buyer's debt, the Buyer shall be responsible for the loss and damage incurred by the Seller due to the delayed performance of the Buyer's debt.

13-NOTICES AND EVIDENCE AGREEMENT

Any correspondence to be made between the parties under this Agreement shall be made through the telephone number or electronic mail on the Website, except for the mandatory cases listed in the legislation. The Buyer accepts, declares and undertakes that the official books and commercial records of the Seller and the electronic information and computer records kept in its own database and servers shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Agreement, and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.

14-PROMULATION

This Agreement, consisting of 14 (fourteen) articles, has been read by the parties and has been concluded and entered into force on [.] by being approved electronically by the Buyer.

COMPANY RECIPIENT