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Consumer Rights - Withdrawal - Cancellation & Return Conditions

PARTIES:

SERVICE PROVIDER

Trade name:  Hasan Ersöz, Thoracic Surgery Doctor's Office

Address: Kazımdirik Mh. 184 Sk. No:63 D:1 35100 Bornova – İzmir- Türkiye

Phone: +90 532 489 96 35

E-mail: info@drpectus.com, iletisim@drhasanersoz.com

 

SERVICE RECIPIENT

Name Surname:

Address:

Phone:

E-mail:

 

GENERAL:

1. Once you make a payment electronically through the website you are using, you are deemed to have accepted the distance sales agreement and the cancellation agreement that you are currently reading. The Service Recipient certifies that he/she has read and been duly informed of this Agreement, which the Service Provider has uploaded to the Online Payment website. The address of the payment website will be communicated to the Service Recipient via SMS or email. The Service Recipient further affirms that he/she has electronically provided the requisite confirmation. 

2. Service Recipients are subject to the provisions of the Law No. 6502 of the Republic of Türkiye on the Protection of Consumers and the Regulation on Distance Contracts (OG: 27.11.2014/29188) and other applicable laws regarding the purchase of prepayments for the Video (Online) Doctor Consultation Service, online question answering service or treatment services to be provided by the service provider, through Service Provider's domain names www.drhasanersoz.com, www.drpectus.com or other domain names connected to the service provided ("Website") and/or online video calling applications to be notified by the Service Provider.

3. The Agreement shall be effective upon approval by the User and shall be executed with the provision of the Service purchased by the Service Recipient from the Service Provider. 

4. As the online question answering service and online interview service provided under the terms of the contract are restricted to the information you provide during the interview and the documents you send; they cannot be considered a substitute for the direct examination and treatment that our medical institution offers. It is not intended to diagnose nor to prescribe. We would like to emphasize again that the opinions and services to be communicated to you in this context are not binding and will never substitute a direct examination. Since the opinions to be provided by our relevant physicians in online question answering and online consultation services are only advisory, we inform you that you must evaluate these recommendations directly with your own physician or with our relevant specialist physicians.

5. We advise you to immediately consult your physician with the information you obtain through our Online Consultation Service application, which is intended for consultation purposes only and should not be considered a replacement for conventional medical practices; our physician does not conduct a physical examination on your complaint in the Video (Online) Doctor Consultation Service application and therefore cannot make a diagnosis based on this. 

6. The Service Recipient is not obligated to utilize the service provided by the other branch if the physician consulted within the scope of the service offered suggests that they consult with that branch. In such a case, the Service Recipient will be charged separately upon request and is not required to utilize the service of the other branch.

7. The purpose of remote pre-screening in the provision of surgical or non-surgical face-to-face treatment services is only to make an appointment for the patient. No refund of this fee can be requested if the application is not made or no showed for any reason on the relevant appointment date. However, the remainder of the payment will be collected on the relevant date during the treatment completion process.   

8. Regarding the branch you specify in accordance with your availability, the provision of services shall be coordinated on the day and time mutually agreed upon, considering the appointment schedule of the physician you prefer.  

 

9. Agreeing on the appointment date and time means that the purchase of the service is approved, and the payment obligation arises, and after the appointment date and time are agreed upon, the Service Provider will direct the Service Recipient to the virtual POS for payment.

FAILURE TO PAY FOR THE SERVICE PURCHASED:

10. If the recipient fails to pay the price of the purchased service in time or cancels it from the bank records, the service provider's obligation to perform the relevant service ceases.

PURCHASES WITH UNAUTHORIZED USE OF CREDIT CARD:

11. In the event that the service fee is not remitted to the Service Provider by the relevant bank or financial institution as a result of unauthorized individuals using the Service Recipient's credit card in an unfair or unlawful manner, without the Service Provider's fault, the Service Recipient agrees to fulfill the payment obligation. 

IF THE SERVICE CANNOT BE DELIVERED ON TIME DUE TO UNEXPECTED REASONS:

12. If force majeure occurs which cannot be foreseen by the Service Provider and the service cannot be provided on time, the situation shall be notified to the Service Recipient.  The Service Recipient may request that the service be canceled or delayed until the circumstance of force majeure has been resolved.  In case the Service Recipient cancels the relevant service, the fee shall be paid to him/her in cash within 14 days from the date of cancellation if he/she has made the payment in cash. In case the Service Recipient has made the payment by credit card and cancels it, the price will be refunded to the bank within 14 days from this cancellation, but it is possible that the bank will transfer it to the Recipient's account within 2-3 weeks and the service provider cannot be held responsible.

RIGHT OF WITHDRAWAL:

13. In online question-answering or online interview services, the Service Provider undertakes that the Service Recipient has the right to withdraw from the contract by refusing the service from the date of signing the contract until the service provision without any legal and criminal liability and without any justification. The right to withdrawal notification and other notifications regarding the contract must be sent through one or more of the communication channels of the Service Provider written in Article 16.

14. In order to exercise the withdrawal right, the Service Provider must be notified in accordance with the provisions of the legislation within this period.

15. The service fee paid can be canceled up to 12 hours before the appointment time without any charge. However, for services canceled less than 12 hours before the appointment time, the remaining amount will be refunded after a 30% service delivery fee is charged.

CONTACT DETAILS FOR RIGHT OF WITHDRAWAL NOTIFICATION:

16. SERVICE PROVIDER

Trade name:  Hasan Ersöz, Thoracic Surgery Doctor's Office

Address: Kazımdirik Mh. 184 Sk. No:63 D:1 35100 Bornova – İzmir- Türkiye

Phone : +90 532 489 96 35

E-mail : info@drpectus.comiletisim@drhasanersoz.com

CONDITIONS NOT TO EXERCISE RIGHT OF WITHDRAWAL:

17. There is no right of withdrawal in the case of prepayments for medical treatment services, as the service provider incurs expenses for matters such as getting surgical materials and scheduling an appointment at the appropriate hospital. It should be remembered that this is a prepayment and is taken for this reason.

18. In online question-answering and online interview services, the Service Recipient is not entitled to exercise the right of withdrawal for contracts pertaining to services commenced with his/her consent prior to the expiration of the withdrawal right period. Additionally, contracts for services completed prior to the expiration of the withdrawal right period are not eligible. 

19. The Service Provider cannot be held responsible for the fact that the call cannot be done at all and/or cannot be made to the expected extent due to the fact that the Service Recipient's video quality and internet speed are not as specified in the contract.

20. In the service purchases involving prepayment of the face-to-face treatment service, if the appointment date is not kept for any reason, the service period cannot be extended, and the service provider cannot be held responsible in this case.

 

DEFAULT AND LEGAL CONSEQUENCES

21. The service recipient acknowledges, declares, and commits that in the event of a credit card payment default, he/she will be liable to the bank and will be required to pay interest in accordance with the terms of the credit card agreement between the cardholder and the bank. In this case, the Bank may apply for legal remedies and may demand the costs and attorney fees from the service recipient and in any case, in the event that the service recipient defaults due to his/her debt, the service recipient agrees to pay the damages and losses incurred by the service provider due to the delayed performance of the debt.

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