ARTICLE 1 - PARTIES
This Distance Sales Contract ("Contract"); It has been established electronically between "BUYER" and "SELLER" within the framework of the terms and conditions stated below.
Name / Surname / Title:
ARTICLE 2 - SUBJECT
The subject of this contract is that the SELLER sells the product to the BUYER, the qualifications and sales price of which are specified below, regarding the sale and delivery of the product, which was published in the Official Gazette on 27.11.2014, the Law No. 6502 on the Protection of Consumers and the provisions of the Distance Contracts Regulation. covers.
ARTICLE 3 - THE ISSUES THAT THE BUYER HAS BEEN INFORMED PREVIOUSLY
The BUYER, in the following matters, before the establishment of this Agreement by the BUYER on the Website and under the obligation of both the order and the payment, the BUYER has examined, read, understood and provided the necessary information to the relevant pages-sections of the Website. accepts.
a) SELLER's title and contact information and up-to-date introductory information,
b) The stages of the sales process during the purchase of the Products from the Website and the appropriate tools and methods for correcting the wrongly entered information,
c) Electronic contact information from the Vocational Chamber (ITO-Istanbul Chamber of Commerce) to which the SELLER is a member and ITO's code of conduct regarding the profession (Phone: 444 0 486, www.ito.org.tr)
d) Confidentiality applicable to the BUYER information applied by the SELLER, data usage-processing and electronic communication rules to the BUYER and the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
e) Delivery restrictions stipulated by the SELLER for the products,
f) The payment methods-means accepted by the SELLER for the Products subject to the contract, and the basic features and qualities of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER including the related expenses),
g) Information about the procedures for the delivery of the products to the BUYER and the shipping-delivery-shipping costs,
h) Other payment / collection and delivery information regarding the products and information regarding the execution of the Contract, and the responsibilities of the Parties in these matters,
i) Products and other goods and services that the BUYER does not have the right of withdrawal,
j) In cases where the BUYER has the right of withdrawal, the conditions, duration and procedure of using this right and the BUYER will lose the right of withdrawal in case the right is not used in time,
k) In the Products with the right of withdrawal, if the product is damaged or changed due to the usage instructions, ordinary operation or technical specifications within the period of withdrawal, the BUYER's withdrawal request may not be accepted and the SELLER will be liable to the SELLER in any case. In cases where it accepts, it may offset an amount it deems appropriate according to the said defect or change from the refund it will make to the BUYER,
l) How to return the Products to the SELLER in cases where there is a right of withdrawal and all relevant financial issues (including the return ways, the cost and the return of the Product price and the discounts and deductions that can be made for the reward points earned / used by the BUYER during the return),
n) According to its nature, all other terms of sale included in this Contract and since this Contract has been approved by the BUYER on the INTERNET SITE and sent to the BUYER by e-mail, it can be stored and accessed by the BUYER for a period of three years. that he can keep with him.
o) In cases of dispute, the BUYER may submit its complaints to the SELLER and make legal applications to District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
ARTICLE 4 - CONTRACT SUBJECT PRODUCT INFORMATION:
The type, quantity, brand / model, color, number, sales price, payment method of the good / product / service are as follows.
In the www.modameslina.com ("Website) and (or) mobile application, the basic characteristics of the contractual product specified in Article 4, the sales price and the method of payment and the delivery and the costs of this will be covered by the BUYER, the period of delivery and the full commercial He declares that he has read the preliminary information about his title, open address and contact information and has been informed and that he has given the necessary confirmation electronically.
5.2. The contractual product is delivered to the BUYER or the person / organization at the address indicated in the preliminary information, depending on the distance of the BUYER's place of residence for each product, provided that the legal period does not exceed 30 days.
5.3. The SELLER cannot be held responsible for the delivery of the ordered product to the BUYER due to all kinds of problems that the cargo company may encounter during the delivery of the product to the BUYER.
5.4. If the product subject to the contract is to be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible if the person / organization to be delivered does not accept the delivery.
5.5. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
5.6. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER notifies the consumer before the contractual performance obligation expires, and if it is in stock, it may supply a different product of equal quality and price to the BUYER.
5.7. If the order and / or service becomes impossible to fulfill at the end of the campaign period, the SELLER reserves the right to supply different products of equal quality and price in order to fulfill the contractual performance obligation. He agrees that the SELLER, who notifies him, has the right to return the product price. Although the consumer is informed that the product is not in stock, he will not be able to make a request for a different product of equal quality and price instead of a refund.
5.8. The BUYER will inspect the contractual goods / service before receiving it; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the courier company. The delivered goods / services will be deemed to be undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods / services should not be used. The invoice must be returned.
5.9. For the delivery of the contractual product, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
5.10. After the delivery of the product, the BUYER's credit card, debit card, debit card and / or other payment systems offered on the Website are used unfairly or illegally by unauthorized persons not due to the BUYER's fault. In case of non-payment, the product must be sent to the SELLER within 3 days, provided that the BUYER has been delivered to him. In this case, the shipping costs belong to the BUYER.
5.11. If the SELLER cannot deliver the product subject to the contract within the due time due to force majeure or extraordinary circumstances such as adverse weather conditions, interruption of transportation, it is obliged to inform the BUYER of the situation. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery period until the obstacle is eliminated. If the BUYER cancels the order, the amount paid will be paid to him in cash and in lump sum within 14 days.
The BUYER may take 2 (two) to 3 (three) weeks to reflect the amount returned to the credit card by the SELLER to the BUYER account, and the reflection of this amount on the BUYER's accounts after the return to the bank is entirely related to the bank transaction process. accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
ARTICLE 6 - RIGHT TO WITHDRAWAL:
6.1. The BUYER has the right of withdrawal within (14) days from the delivery of the product subject to the contract to him or the person / organization at the address indicated. In distance contracts for service provision, this period starts on the date the contract is signed. If it is agreed in the contract that the performance of the service will be performed before the 14-day period has expired, the Customer may exercise his right of withdrawal until the date when the performance begins. In domestic sales, the costs arising from the use of the right of withdrawal belong to the SELLER if the product is sent with the Cargo company that the SELLER has an agreement with.
6.2. In order to use the right of withdrawal, it is necessary to notify the SELLER by fax, telephone or e-mail within a period of 14 days and the product must not be used in accordance with the provisions of the distance sales contract. Within the scope of the right of withdrawal, the product must not be used within the framework of the provisions of Article 7 included in the distance sales contract. If the returned product is returned with the courier company that the SELLER has contracted for in domestic sales, the return shipment costs will be covered by the SELLER.
If this right is exercised,
a) the invoice of the product delivered to the person or the customer, (if the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. The order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued)
b) Return form,
c) Products to be returned within 14 days must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any. The product price is returned to the BUYER within 14 days following the receipt of these documents to the Seller.
6.3. While the product is returned to the Seller, the original invoice submitted to the Customer during the delivery of the product must also be returned. On the invoice to be returned with the product, the phrase "return invoice" will be written and signed by the Customer.
6.4. SELLER, the product displayed electronically and subject to purchase and sale; In cases where the product is not kept in stocks, the product cannot be supplied due to the reasons caused by the supplier, the product subject to the contract cannot be provided incorrectly due to material error, and / or the service regarding the sale of the product cannot be provided due to other justified reasons, the provisions regarding the avoidance of sales and order cancellation are applied and the sales price is returned if it has been paid.
ARTICLE 7 - PRODUCTS THAT CANNOT BE USED OF WITHDRAWAL RIGHT:
The right of withdrawal cannot be used for products that cannot be returned in terms of their nature, disposable products, reproducible software and programs, products that deteriorate rapidly or have expired. Unless otherwise agreed by the parties, the BUYER cannot use the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and that are not under the control of the seller or supplier,
b) Contracts for goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of perishable or expired goods.
d) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable for health and hygiene.
e) Contracts for goods that are mixed with other products after delivery and cannot be separated by nature.
e) Contracts for books, digital content and computer consumables provided in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
g) Contracts for the use of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be made on a specific date or period.
h) Contracts for services performed instantly in electronic environment or for intangible goods delivered immediately to consumers.
i) Contracts regarding the services started with the approval of the consumer before the right of withdrawal expires.
ARTICLE 8 - AUTHORIZED COURT:
The SELLER's records (including magnetic media records such as computer-sound recordings) constitute definitive evidence in the resolution of any dispute that may arise from this Agreement and / or its implementation. The Parties have accepted that in the disputes arising from the implementation and interpretation of the Agreement, the Consumer Courts will be authorized in cases exceeding the Consumer Arbitration Committees in the place where the BUYER and SELLER are located within the monetary limits determined within the framework of the legislation.
ARTICLE 9- ENFORCEMENT
If the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements that will ensure that the Contract cannot be placed on the site without obtaining confirmation that it has been read and accepted by the BUYER.