Distance Sales Agreement
This agreement sets out the parties' rights and obligations regarding the electronic sale of Quantum Orbit Labs products.
Important: Before using this Product for the first time, please read the Distance Sales Agreement in full and carefully. From the first use or operation of the Product subject to the Agreement, the Buyer is deemed bound by the terms arising from this Agreement and is deemed to have read and accepted these terms without any further notice.
This Agreement is written in 12-point type.
1. Parties
1.1. Seller
- Title : Quantum Orbit Labs Sanayi Teknoloji Anonim Şirketi ("Quantum Orbit Labs" or the "Seller")
- MERSİS No: 0632147846100001
- Address : Maslak Mah. Bilim Sk. Sun Plaza No: 5a İç Kapı No: 46 Sarıyer / İstanbul
- Contact : 0 212 909 06 72 ; info@quantumorbitlabs.com
- Return address : Sinanpaşa Mah. Beşiktaş Cad. Eti İş Hanı No:29 İç Kapı No:6 Beşiktaş/İstanbul
1.2. Buyer
The person who completes the purchase on the www.quantumorbitlabs.com website. The first name, last name, phone, email, and delivery address provided in the purchase are deemed to belong to the Buyer.
2. Subject
2.1. The subject of this Agreement is to determine the parties' rights and obligations regarding the sale of the Product specified in Article 4, which the Buyer purchases electronically from Quantum Orbit Labs' www.quantumorbitlabs.com website and which has the characteristics referred to in this Agreement and the Pre-Information Form, and to set the conditions of use of the Product.
3. Pre-Information
The Buyer accepts and declares under the provisions of this Agreement that the Buyer is informed of all preliminary information relating to the Product, including the Product's essential characteristics, the seller's open address and contact details, the Product's total price, the method of payment, delivery costs, the delivery and performance period, the handling of complaints, the right of withdrawal and cases in which the right of withdrawal cannot be exercised, and technical protection measures; that the Buyer has approved this preliminary information electronically; and that the Buyer then purchased the Product electronically. The Pre-Information Form and the invoice containing the price of the Product to be sent in the Buyer's name are an integral part of this Agreement.
4. Product Information and Price
4.1. The Product consists of the following parts:
- · LONGOS SENSE Device
- · Detox & Blue Light Serum
- · Anti-Acne Serum
- · Soothing Serum
- · Moisturizing Serum
- · Anti-Aging Serum
- · Brightening Serum
- · Pore Minimizer Serum
- · Midnight Repair Serum
4.2. The Product price is as notified on the user interfaces before the purchase stage. The invoice relating to the Product will be sent to the email address provided by the Buyer.
5. Right of Withdrawal
5.1. The right of withdrawal cannot be exercised for a Product that has been opened after delivery, because return is not appropriate for health and hygiene reasons. If the Product has not been opened in any way, the Buyer may exercise the right of withdrawal within 14 days of taking delivery of the Product.
5.2. Opening the Product's first box is deemed to mean that the Product's box has been opened, and if the Product's first box is opened the right of withdrawal cannot be exercised. A separate return request cannot be made for parts inside the Product. The serums and the device sold as part of the Product constitute a whole.
5.3. For a return request relating to a Product that meets the conditions above: send the Product, together with the return request form on the www.quantumorbitlabs.com website, to the return address specified in this Agreement. If the return request is approved by Quantum Orbit Labs, the refund will be made by the payment method used for the purchase. Quantum Orbit Labs has no liability for delays arising from your bank or an intermediary payment provider.
6. Delivery
6.1. The Product will be sent to the address specified by the Buyer for delivery at the time of purchase. Packages believed to be damaged at delivery must be opened and checked in the presence of the courier. If any damage is found on the Product, a report must be drawn up together with the courier company and the product must not be accepted. If the product is accepted without a report, the Buyer is deemed to have accepted that the courier company fully performed its delivery obligation.
6.2. The estimated delivery period is the period anticipated by the courier company used and is in any event 30 days. Quantum Orbit Labs has no liability for delays in delivery by the courier company.
6.3. If the Buyer is not present at the specified address at the time of delivery of the Product, or if persons at the address do not accept delivery of the Product, Quantum Orbit Labs is deemed to have performed its delivery obligation. If no person is present at the delivery address to take delivery of the Product, it is the Buyer's strict responsibility to follow the shipment process and to establish the necessary communication with the courier company. If the Product is returned because it was not collected, the return cost incurred by Quantum Orbit Labs is charged to the Buyer.
6.4. If the ordered Product is not in stock, the Buyer is informed by email and notified of the date on which the Product will re-enter stock.
7. Use of the Longos Sense Device
7.1. The User Manual relating to the Product can be accessed from the www.quantumorbitlabs.com website and via the QR code in the Product package.
7.2. The LONGOS SENSE device included in the Product operates with the Quantum Orbit Labs mobile application. By accepting this Agreement, the Buyer also accepts the Quantum Orbit Labs Terms of Use.
7.3. Quantum Orbit Labs reserves the right to terminate, at any time, without cause and without compensation, the Quantum Orbit Labs mobile application license granted to the Buyer, upon 1 (one) month's notice.
7.4. As of the date of this Agreement, the Quantum Orbit Labs application requires at least version 15.5 on the iOS operating system and version 8.0 on the Android operating system. Developments in the application will, by their nature, require newer versions in the future.
7.5. The LONGOS SENSE device provides personalized skin care. The Buyer therefore accepts that only the person who first creates an account in the Quantum Orbit Labs mobile application may use the application and that the account cannot be transferred to another user.
7.6. Use of the LONGOS SENSE device included in the Product requires download of the Quantum Orbit Labs mobile application and internet access. Quantum Orbit Labs cannot in any way be held responsible for provision, quality, or security of the internet connection needed to use the Product; for hardware or operating system faults that may be directly or indirectly related; for communication network design and connection errors; for voltage fluctuation and power outages; for virus infection and similar environmental factors; or for loss of information and software arising from Buyer errors.
8. Intellectual and Industrial Rights Relating to the Digital Product
8.1. The Buyer declares and accepts that the software, invention, design, and, without limitation, every kind of component contained in the Product are the property of Quantum Orbit Labs or that Quantum Orbit Labs holds the right of use, and that by purchasing the Product the Buyer obtains only the exclusive right to use it in the manner set out in the Distance Sales Agreement, for the period determined for the Product, and within the limits of legislation and the contract.
9. Force Majeure
9.1. In all cases that are legally regarded and accepted as "force majeure", Quantum Orbit Labs' liability shall be temporarily suspended if it performs any of its obligations late or incompletely or does not perform them. The Buyer knows and accepts that in these or similar cases, Quantum Orbit Labs' delay in performance, incomplete performance, or non-performance shall not be called default, and that no compensation under any name may be claimed from Quantum Orbit Labs for these situations.
9.2. The term "force majeure" is interpreted as unavoidable events that do not arise from Quantum Orbit Labs' fault and are beyond its control, including but not limited to natural disaster, epidemic, riot, war, strike, communication problems, infrastructure and internet failures, power outage and severe weather, and interim injunctions issued by courts to block access to the website.
10. Partial Invalidity
10.1. If any provision of this Agreement is invalid, that invalidity shall not affect the Agreement as a whole, and the Agreement shall remain valid with its other provisions.
11. Competent Authority in Case of Dispute
11.1. In disputes arising from or relating to this Agreement, the Buyer may apply to the Consumer Arbitration Committee or the Consumer Court in the place of the Buyer's residence.
12. Entry into Force
12.1. This Agreement shall enter into force with all its provisions, conditions, and annexes if it is read and approved electronically by the Buyer. The Buyer has read and approved the Agreement knowing this.
12.2. A copy of this Agreement will be sent automatically to the email address notified on the application form at the time of purchase, to be retained by the Buyer.