The subject of this Distance Sales Contract (“Contract”) is the determination of the rights and obligations under Consumer Protection Law 6502, Regulation on Distance Sales Contracts, as well as other relevant regulations for the sale and delivery of the product sold by the Seller to the Buyer (Consumer) in the price and qualities stated below.
2.1 BUYER HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THIS CONTRACT AND THAT HE/SHE IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS HEREUNDER.
2.2 BUYER AND SELLER ACCEPT THAT THERE IS NO DISPROPORTION BETWEEN THE AGREED DEEDS, THAT THE MUTUAL DEEDS ARE RELEVANT TO THE NATURE OF THE BUSINESS IN QUESTION, AND THAT THEY ARE EXPERIENCED IN THE TRANSACTIONS COVERED BY THIS AGREEMENT.
2.3 BUYER HEREBY ACKNOWLEDGES THAT HE/SHE HAS COME TO BELIEVE THAT THE TRANSACTIONS CONTEMPLATED HEREUNDER ARE FOR HIS/HER OWN BENEFIT AND AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS HEREUNDER OF HIS/HER OWN FREE WILL, WITHOUT ANY DURESS, ADVISEDLY, KNOWINGLY, AND WILLFULLY.
2.4 SELLER AND BUYER AGREE THAT NONE OF THE PROVISIONS OF THIS CONTRACT ARE CONSIDERED UNFAIR TERMS AND THAT THERE IS NO TORT WITH REGARDS TO THE BALANCE OF INTERESTS.
2.5 THE PROVISIONS OF THIS CONTRACT DO NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THESE PROVISIONS DO NOT CONSTITUTE A CONTRADICTION TO GOOD FAITH RULE AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE CONSUMER PROTECTION LAW.
2.6 THE PROVISIONS OF THIS CONTRACT HAVE BEEN PREPARED TAKING THE NEW CODE OF OBLIGATIONS (ENACTMENT NO. 6098) INTO ACCOUNT. VERIFICATION OF BINDINGNESS AND CONTENTS HAVE BEEN CARRIED OUT BY THE BUYER AS STIPULATED IN ARTICLE 21 OF THE NEW CODE OF OBLIGATIONS. NONE OF THE PROVISIONS OF THIS AGREEMENT SHALL PROVE TO BE CONTRARY TO THE INTENT HEREOF (INAPPLICABLE TERMS). ALL PROVISIONS ARE CLEAR AND COMPREHENSIBLE AND DO NOT HAVE MULTIPLE MEANINGS.
ARTICLE-3 DETAILS OF THE SELLER
Title: MELİKE KAPICIOĞLU TASARIM VE DİZAYN SANAYİ VE TİCARET ANONİM ŞİRKETİ
Address: Karanfil Cad. Alkaranfil SK. No:4 34330 Levent-Beşiktaş/Istanbul
Telephone: + 90 212 283 54 01
Fax: +90 212.283 54 05
ARTICLE-4 DETAILS OF THE BUYER (CONSUMER)
First Name/Last Name/Title:
ARTICLE-5 DETAILS OF THE PRODUCT
Description of goods / product / service, quantity, brand/model, color, selling price, and mode of payment is as follows:
Date of Contract:
Delivery Date of Product:
Details of shipping company for returned products:
Notice of withdrawal will be made to:
No Product Code Product Type Amount Price (TL) ( Including VAT, Taxes and Shipment)
ARTICLE-6 GENERAL PROVISIONS
6.1 BUYER hereby declares that he/she has read and has knowledge of all preliminary information regarding basic features, selling price, mode of payment, and delivery of the contract product as defined in Art. 5, and that he/she has confirmed the order electronically.
6.2 The contract product shall be delivered to the BUYER or to a real person/legal entity as nominated by the BUYER no later than the period of time specified in the preliminary information, depending upon the distance of consignee, but not exceeding the legal period of time, i.e., 30 days. Consumer can terminate this Contract if Seller acts contrary to this obligation. In the event of the dissolution of the Contract, the seller or supplier shall be obligated to refund all received payments, including delivery costs, along with any legal interest in accordance with the relevant regulation, and return any kind of instrument that puts the consumer into a specific obligation to the buyer within 14 (fourteen) days starting from the day that he/she receives the notice of termination.
6.3 If the contract product is to be delivered to a real person/legal entity other than the BUYER, then the SELLER shall not be held liable for the failure of this real person/legal entity to accept the consignment.
6.4 SELLER shall be liable for delivery of the contract product in complete and sound condition, in accordance with the matters stipulated in the order form. With good cause and prior to expiration of the due period for fulfillment of the obligation to perform under this Contract, the SELLER may provide goods or services of equivalent quality and value.
6.5 The actual delivery of the contract product requires verification of this Agreement electronically and payment of the relevant order price. If, for any reason whatsoever, the selling price is not paid or canceled in the bank records, the SELLER shall be considered relieved from his/her obligation to deliver the goods.
6.6 If SELLER fails to deliver the contract product or service due to force majeure events or other extraordinary cases then the SELLER shall be obliged to notify the BUYER of this circumstance within 3 (three) days, in writing, or by means of a continuous data carrier. In this case, SELLER must refund all received payments, including the delivery costs, to the BUYER within no more than 14 (fourteen) days following the date of notice.
6.7 SELLER shall be liable for any loss or damage of the product until the delivery of the product to the BUYER or to a third person as nominated by the BUYER.
6.8 If the BUYER requests the delivery by a different shipping company other than the one nominated by the SELLER, the SELLER is not liable for any loss or damages that occur after the delivery of the product to the shipping company.
6.9 Service provided by the SELLER is intended for retail consumers; SELLER reserves his/her right to cancel the order and not deliver the product if the SELLER suspects the BUYER has resale purposes in mind even if this contract has already been executed.
ARTICLE-7 RIGHT OF WITHDRAWAL
Pursuant to the applicable provisions of Consumer Protection Law 6502 and the Regulation on Distance Sales Agreements:
7.1 The consumer shall have the right to withdraw from the contract, which may be exercised within 14 (fourteen) days starting from the date when the product is actually received, without any necessary justification and without any penal clause in case of distance sales contracts. Furthermore, the consumer can exercise his/her right of withdrawal within the period starting from the establishment of this contract until the actual delivery of the product. Consumer shall be required to notify the SELLER, in writing or by means of a continuous data carrier, of the exercise of this right of withdrawal within this period of time.
Determining the period of right of withdrawal:
a) On the goods subject to a single order but delivered in parts, based on the day last piece is delivered to the consumer or to a third person nominated by the consumer, b) On goods made up of multiple parts, based on the day the last piece is delivered to the consumer or to a third person nominated by the consumer, c) On contracts when regular delivery is made over the course of a certain period, based on when the first good is delivered to the consumer or to a third person nominated by consumer.
7.2 The consumer"s right of withdrawal does not apply to contracts regarding (i) goods prepared according to consumer"s requests and personal needs, (ii) delivery of goods that can quickly spoil or that may past their expiration date, (iii) delivery of goods that would not be suitable for return for health or hygiene reasons and goods of which protective elements such as seals or packaging were removed after delivery (iv) goods that mix with other products and that cannot be separated due to their nature, (v) books, digital contents and computer consumables provided in a physical environment of which protective elements such as seals or packaging were removed after delivery, (vi) delivery of periodicals such as newspapers and magazines unless provided within a subscription agreement, (vii) accommodation, transportation, car rental, catering, leisure time activities with the purpose of entertainment or recreation that should take place on a certain date or period, (viii) services performed electronically instantaneously or non-material goods delivered to consumer instantaneously (ix) services that have started with consumer"s consent before the withdrawal period have ended, and (x) contracts regarding goods or services with prices that change depending on fluctuations in financial markets and that are not controlled by the seller or supplier.
7.3 If the consumer exercises the right of withdrawal, the SELLER or SUPPLIER shall be obliged to refund the whole amount no later than 14 (fourteen) days from the date when such a notice of withdrawal is received and must return any kind of instrument that puts the consumer into a specific obligation without charging any costs to consumer.
7.4 The consumer will not be liable for any changes and defects as long as he/she uses the good according to its operation, specifications and operating instructions within the withdrawal period.
7.5 When the consumer exercises his/her right of withdrawal, he/she will not be liable to pay the costs associated with the return of the product if he/she sends the product back by means of the shipping company described by the seller in the preliminary information. Any cost related to the return cannot be demanded from the consumer if the seller does not assign a shipping company for returns in the preliminary information. The seller is liable to retrieve the product that has been requested to be returned from consumer without demanding any additional cost if the shipping company described in the preliminary information does not have a branch where the consumer resides.
7.6 The consumer shall be obliged to send the product to the seller within ten days starting from the date he/she notified the seller of the exercising of his/her right of withdrawal unless the seller himself offers to take the product back.
ARTICLE-8 COMPETENT JURISDICTION
The Arbitration Committee for Consumer Problems or Consumer Courts at the place where the Buyer or the Seller resides are the competent judicial authorities for any complaints or disputes that may emerge due to the performance of this Contract within the monetary limits declared by the Turkish Ministry of Customs and Trade on December of each year.