DISTANCE SALE CONTRACT
|Title||:||.Ebrar Sarıgülü – Minüskül Tekstil|
|Address||:||Akat Mah. Cebeci Sok. Demet Apt. No:4 Daire:2, 34335 Etiler / İSTANBUL|
|Tax Office/ID No||:||Beşiktaş – 7480154748|
|Central Registration System (Mersis) No||:||İstanbul – 1063751403000001|
www.minisculebyebrar.com shopping site owned by SELLER.
2) SUBJECT OF THE CONTRACT
a) Subject of this present contract is to commit the rights and obligations of the parties according to Law Number 6502 About Protecting the Consumers and provisions of Regulation About Distance Sales Contract published on the Official Gazette Number 29188 related with the sales and deliveries of the products ordered by BUYER via electronic media of SELLER’s website with area name as minisculebyebrar.com and which their qualifications and sale prices are specified below.
3) CONTRACTED PRODUCT, PRICE, DELIVERY EXPENSES, PERIOD and INVOICE INFORMATION
a) All commitments including the price determined in contract are valid until they are amended and updated. Term promises and prices are valid until the end of specified term
The prices listed and announced in site are the sale prices. Sale prices of contracted goods or services including all taxes are shown below.
b) The BUYER will examine the contracted goods/services before taking their deliveries; will not take the delivery of crushed, broken, destroyed package etc. damaged and defective goods/service from cargo company. Delivered goods/service will be accepted as undamaged and in good condition.
4) GENERAL PROVISIONS
a) The BUYER declares, accepts and undertakes that he/she read and has knowledge about Preliminary Information related with the basic characteristics, sale price, payment form, delivery and withdrawal right of contracted product specified in the website of SELLER named minisculebyebrar.com and gave his/her necessary confirmation in electronic media.
b) By approving this contract in electronic media, BUYER confirms that he/she has gained the correct and full information about address that should be given by the Seller to the consumer, basic characteristics of ordered product, its price including all taxes, payment and delivery information, and information about withdrawal right before concluding the distance sale contract.
c) SELLER has the right to cancel or limit the quantities of orders made via website without giving a reason. This limitation can be applied to the orders given by the same customer account with same credit card, given by a wholesaler dealer who has the same invoice or delivery address or for the orders given with the purpose to resell.
d) SELLER is not responsible for the differences that may be found between the prices in site and the prices existing in stores. For the orders given via website, the prices given on the price summary page of the site are valid.
e) Syntax errors or lack of information may be found in the specifications related with the products given on site. SELLER saves the right to correct these errors and to make cancellations or changes on some orders with the conditions to comply with the related provisions of legal regulations.
f) SELLER intends to show the colors of products in site’s content equal to their true colors as far as possible. However, it refuses to take any responsibility for the differences that may be occurred due to user’s screen setups and various types of screens.
g) Contracted product is delivered via cargo company, according to the distance of the domicile place of BUYER for each of the products, to BUYER or to the person/company that he/she stated in declared address with the condition not to exceed 30 days period stipulated in “Law Number 6502 About Protecting the Consumers” and “Regulation About Distance Sales Contract”
h) Product delivery shall not be made to any person/entity other than the ones whose are authorized to receive the delivery as it is stated in this contract. During delivery, it is necessary for the person who is authorized to receive the product to present his/her identity. No delivery shall be made to these persons if they do not present their identities. If the contracted product is to be delivered to the persons(s) other than BUYER, no liability can be encumbered to the SELLER in case the person/company to be delivered not accepts the delivery.
i) SELLER is responsible to deliver the product in good condition, complete, complying with the qualifications determined in the order, and if it is obligatory due to the related regulations, to deliver the product together with its guarantee documents and user manuals.
j) For delivering the contracted product, it’s price must be paid in BUYER’S preferred payment form. If product price is not paid due to any reason or is cancelled on bank records, the SELLER shall be exempt from the product’s delivery obligation.
k) In the event that the bank or financial institution does not pay the product price to SELLER due to unjust or unlawful use of BUYER’S credit card by unauthorized persons without BUYER’s fault after the product is delivered; the BUYER must sent the product back to SELLER in 3 days provided that it has been delivered to him/her. In this case the shipping expenses belong to the BUYER.
l) In case the SELLER cannot fulfill the execution of ordered service or goods in due time because of the reasons such as force majeure or adverse weather conditions, interruption of transportation, fire, earthquake, flood that makes the performance impossible and if it is understood that the contracted product cannot be supplied because of a justified reason, the seller is obliged to notify this situation to BUYER. In this case the BUYER can use one of the rights to cancel the order, to replace the contracted product with its equivalent if possible, and/or postpone the delivery time until the blocking situation is eliminated. If BUYER cancels the order, the amount he/she paid will be returned with the method that he/she used. For payments made by BUYER’S credit card, the product amount will be refunded to the relevant bank within 10 (ten) days after the order is cancelled by the BUYER. As returning this amount is entirely related to the bank transaction process, the BUYER accepts, declares and undertakes that SELLER will not be able to intervene in any way for possible delays, and the time to be elapsed until the returned amount enters into BUYER’S credit card is not under SELLER’S responsibility, and no liability can be charged to the SELLER regarding with this process.
m) SELLER has the right to reach to BUYER via his/her address, email address, land and mobile phone lines and other contact information that is specified in the site’s registration form or subsequently updated by the BUYER via e-mail, SMS, phone call and other ways of communication with marketing, notification and other purposes. By accepting this contract, the BUYER acknowledges and declares that the SELLER may perform above mentioned communication activities.
5) RIGHT OF WITHDRAWAL
a) The BUYER has right of withdrawal as from the delivery of contracted product to him/her or to the person/company in the shown address in 30 (thirty) days without presenting any reason and without taking any legal or penal responsibility with the condition not use the said goods/service. For using the withdrawal right; withdrawal notification made to SELLER must be sent by the BUYER in thirty (30) days period as from delivery either in written form or via a continuous data bearer according to the Regulation About Distance Sales Contract. Therefore BUYER must request a refund from miniscule by ebrar by sending a written letter to its above given address, via telephone line of customer service or via an e-mail firstname.lastname@example.org.
In case the withdrawal right is used,
b) When the product delivered to a 3rd person or BUYER is given to a courier for sending back to the SELLER, it is necessary to send it together with the original invoice (if the invoice of product to be returned is settled in the name of an institute, together with the return invoice settled by that institute), and by filling the return section in 10 (ten) days as from the notification date about using the withdrawal right.
c) The SELLER is obliged to return the total amount and all documents which are burdening the BUYER with debt to BUYER in 14 (fourteen) days as from the arrival date of product requested to be returned, and obliged to accept its return.
d) Return amount will be paid with the payment method which is used during order. Return amounts related with shopping are made to credit card account of BUYER. Related bank rules are reserved for the return payments which will be made to the credit card.
6) PRODUCTS NOT AVAILABLE FOR WITHDRAWAL
a) BUYER cannot use his/her withdrawal right for the products which are produced, modified or added in accordance with the special requests and preferences of BUYER. Besides that the BUYER cannot use the withdrawal right for products cannot be returned due to their qualifications, perishable goods and the goods which their expiration dates can be over. Therefore; the products which are clearly prepared in accordance with the requests or personal needs of BUYER, and products cannot be returned due to their qualifications as bottom parts of underwear, swimsuits and bikinis, make-up materials, disposable products, perishable goods and the goods which their expiration dates can be over, voice and image records, software programs and computer consumables which their packages are opened by BUYER cannot be returned due to the Regulation.
b) Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, duplicable software and programs, DVD, VCD, CD and cassettes and stationary consumables (toner, cartridge, ribbon, etc.) can be returned if the package is not opened, not tried, uncorrupted, unimpaired and unused.
7) BUYER’S DEFAULT
In case the BUYER became overdue, BUYER accepts to pay the losses and damages of SELLER caused by late payment of the debt. In case BUYER’S default caused by the fault of SELLER, BUYER will not be obliged to satisfy any loss or damage request.
8) COMPETENT COURT
a) Related with the execution of this contract, Consumer Arbitration Boards and Consumer Courts in the place where BUYER bought the goods/services or in his/her registered domicile place have the authority for the BUYER’s application about his/her objections and complaints, up to the values announced by T.R. Ministry of Customs and Trade.
b) Information about monetary limits is given below:
According to the method stated in 68th article of Law Number 6502 About Protecting the Consumer dated on 07/11/2013, and being valid as from the date of 01/01/2015:
1- For the disputes that have a value less than two thousand Turkish Lira, it is necessary to apply to the county consumer arbitration boards,
2- For the disputes that have a value less than three thousand Turkish Lira, it is necessary to apply to the province consumer arbitration boards,
3- And in the provinces which are included into metropolitan status, or the disputes that have a value between two thousand and three thousand Turkish Lira, it is necessary to apply to the province consumer arbitration boards. In case the order is confirmed, BUYER shall be deemed as he/she approved all the provisions of hereby contract.