Distance Sales Contract
Distance Sales Contract
- PARTIES TO THE CONTRACT
This Agreement:
Sales person
Title: MARSEA STORE İLAYDA ATAOĞLU (hereinafter referred to as "Seller")
Notification address: MASLAK MAH. AOS 55. SK. 42 MASLAK B BLOCK NO: 4 INSIDE DOOR NO: 542 SARIYER/ ISTANBUL
Email: info.tr@marsea.store
with
Customer
Name Surname/Title: [*DYNAMIC*] (hereinafter referred to as "Customer")
Notification address: [*DYNAMIC*]
Email: [*DYNAMIC*]
Phone: [*DYNAMIC*]
Fax: [*DYNAMIC*]
It was concluded on [*DYNAMIC*] upon the offer and acceptance notified via the internet.
(In this Agreement, the Seller and the Customer will be referred to individually as a “Party” and collectively as the “Parties”)
- DEFINITIONS
In the application and interpretation of this agreement, the following written terms will express the explanations written opposite them.
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation No. 29188 dated 27.11.2014,
PRODUCT: The goods to be sold under the Marsea Store brand,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities.
CUSTOMER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The Seller's website,
ORDERER: A natural or legal person who requests a product or service through the Seller's website.
PARTIES: Seller and Customer,
CONTRACT: Distance sales contract concluded between the Seller and the Customer,
It expresses.
- SUBJECT OF THE CONTRACT
3.1. The subject of this Agreement is the regulation of the rights and obligations of the Parties in accordance with the provisions of the Consumer Protection Law No. 6502 (“Law”) and the Distance Contracts Regulation No. 29188 (“Regulation”) regarding the sale and delivery of the products (“Product/Products”) that the Customer orders electronically from the Seller’s https://tr.marsea.store/website (“Site”), that have the qualities mentioned in the Agreement and whose sales prices are also specified in the Agreement.
3.2. The prices listed and announced on the site are the sales prices. The announced prices are valid until updated and changed on the site. The prices announced for a limited period are valid until the end of the specified period.
- PRODUCT OR SERVICE SUBJECT TO THE CONTRACT , PAYMENT AND DELIVERY MATTER
The type, quantity, brand, model, color and sales price including VAT of the Product or Products that are the subject of this Agreement are as follows:
|
Product Name |
Piece |
Price (VAT included) |
Subtotal |
|
[**] |
[**] |
[**] |
[*TL*] |
|
[**] |
[**] |
[**] |
[*TL*] |
|
[**] |
[**] |
[**] |
[*TL*] |
|
Order processing and shipping fees |
[*TL*] |
||
|
Promotion / Discount |
[*TL*] |
||
|
Total (VAT included) |
[*TL*] |
||
|
Payment Method |
[**] |
||
|
Shipping address |
[**] |
||
|
Person to be delivered |
[**] |
||
|
Billing address |
[**] |
- DECLARATIONS, RIGHTS AND LIABILITIES OF THE PARTIES
5.1. The Customer accepts, declares and undertakes that he/she has read the preliminary information form regarding the basic characteristics of the Product or Products subject to this Agreement, sales price including VAT, payment method, delivery, delivery and expenses, right of withdrawal and its use to be covered by the Customer, the full commercial title, full address and contact information of the Seller, and that he/she has accurate and complete information and has given the necessary approval electronically.
5.2. The Customer accepts, declares and undertakes in accordance with the provisions of this Agreement that he/she is informed about the basic characteristics, sales price, payment method, delivery conditions and all other preliminary information and right of withdrawal of the Product or Products subject to sale, that he/she has confirmed this preliminary information electronically and then ordered the Product or Products.
5.3. The delivery of the Product or Products shall be made as soon as possible after the stock is available and the payment is transferred to the Seller's account. The Seller accepts, declares and undertakes to deliver the Product or Products to the Customer's delivery address specified in this Agreement, depending on the distance of the Customer's place of residence, provided that it does not exceed 30 (thirty) days from the date of order.
5.4. The Seller accepts, declares and undertakes that it is responsible for delivering the Product or Products subject to the Contract to the Customer in full, in accordance with the qualifications specified in the order, with warranty documents and user manuals, if any, and the information and documents required for the job.
5.5. If the Seller declares that the delivery costs of those who shop above the amount determined by the Seller and announced on the Site will be covered by the Seller or that free delivery will be provided within the scope of the campaign, the delivery costs belong to the Seller. However, if no declaration regarding free delivery has been made, the costs will be covered by the Customer.
5.6. The Customer shall inspect the Product or Products subject to the Contract during delivery but before accepting delivery; and shall not accept crushed, broken, torn packaging or similar damaged and defective Products or Products from the cargo company.
5.7. The Customer accepts, declares and undertakes that the Product or Products received from the cargo company were delivered to him/her complete, undamaged and intact. The Customer is responsible for the careful protection of the Product or Products after delivery. If the right of withdrawal is to be used, the Product or Products in question must not be used. The invoice must also be returned. If the Product or Products returned using the right of withdrawal have been used, the Seller reserves the right not to accept the return of the Product or Products.
5.8. The Parties accept, declare and undertake that if the relevant bank or financial institution does not pay the price of the Product or Products to the Seller due to the unfair or illegal use of the Customer's credit card by unauthorized persons for reasons not caused by the Customer's fault after the delivery of the Product or Products, the Customer is obliged to send the Product or Products delivered to him/her to the Seller within 3 (three) days and that the delivery expenses incurred in this case will be the responsibility of the Customer.
5.9. If the price of the Product or Products is not paid for any reason or is cancelled in the bank records, the Seller shall be deemed to be relieved of its obligation to deliver the Product or Products subject to this Agreement.
5.10. The Parties accept, declare and undertake that if the Product or Products are to be delivered to a person/organization other than the Customer, the Seller is not responsible for the person/organization to whom the Product will be delivered not accepting the delivery.
5.11. If the Seller has a legitimate reason, it may supply another Product or Products of equal quality and price to the Customer before the performance period in the Contract expires. If the Seller thinks that the performance of the Product or Products has become impossible, it shall notify the Customer before the performance period in the Contract expires. The paid price and any documents shall be returned to the Customer or exchanged within 10 (ten) business days.
5.12. The Seller cannot be held responsible for any problems encountered by the cargo company during the delivery of the Product or Products to the Customer, and for the failure to deliver the ordered Product or Products to the Customer's delivery address specified in this Agreement.
5.13. If the Seller cannot fulfill its obligations under the Contract due to the impossibility of delivering the ordered Product or Products to the Customer, it shall notify the Customer of this situation before the expiration of the performance obligation arising from the Contract and may supply the Customer with a different product of equal quality and price.
5.14. If the Seller cannot deliver the Product or Products subject to the Contract within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation that prevent delivery, the Seller is obliged to notify the Customer of the situation. In this case, the Customer may exercise one of the following rights: cancellation of the order, replacement of the Product or Products with a similar one, if any, and/or postponement of the delivery period until the preventing situation is eliminated. If the Customer cancels the order, the amount paid by the Customer shall be paid to the Customer in cash and in a single transaction within 10 days.
5.15. If the Customer makes a purchase by credit card and in installments, the installment method specified in this Agreement shall apply. In installment transactions, the relevant provisions of the agreement signed between the Customer and the cardholder bank shall apply. The credit card payment date shall be determined by the provisions of the agreement between the bank and the Customer. The Customer may also track the number of installments and payments from the account statement sent by the bank.
5.16. In payments made by the Customer via credit card, the product amount will be refunded to the relevant bank within 7 days after the order is cancelled by the Customer. The reflection of this amount in the Customer accounts after its refund to the bank is entirely related to the bank transaction process and it is not possible for the Seller to intervene in this matter in any way.
5.17. The coupon codes earned by the Customer to be used on the site can only be used once for each order. If used 2 or more times, the order will be cancelled and the paid amount will be refunded.
5.18. The Seller reserves the right to stop the order when deemed necessary and when the information provided by the Customer does not match the truth. If the Seller detects a problem with the order and cannot reach the Customer via the phone, e-mail and postal addresses provided by the Customer, the Seller will freeze the execution of the order for 15 (fifteen) days. The Customer is expected to contact the Seller regarding the issue within this period. If no response is received from the Customer within this period, the Seller will cancel the order in order to prevent damage to both parties.
Money order orders that are not paid within 3 business days will be cancelled. If two consecutive money orders are opened by the same customer and there is no payment, Marsea Store reserves the right to cancel other money orders. The Seller may cancel other cash on delivery orders of the Customer who does not receive the cash on delivery order twice.
5.19. The campaign product will only be exchanged with the campaign product or products. If a change is requested from a non-campaign product or products, since the issue in question will not be within the scope of the campaign, the product/products remaining with the Customer will be evaluated with the season price and the remaining amount will be exchanged from the non-campaign category.
5.20. In the return of a campaign product, it is mandatory to send all products included in the campaign purchased by the Customer to the Seller. If only one product is sent to the Seller for the return of the campaign product or products; since the campaign will be included, the product remaining with the Customer will be evaluated at the season price and the remaining amount will be refunded.
5.21. The Customer who violates the provisions of this contract will be personally responsible for this violation in penal and legal terms. The Seller will not be liable for the legal and penal consequences of these violations. In addition, the Seller reserves all rights to file a lawsuit and complaint due to this violation.
- RIGHT OF WITHDRAWAL
6.1. The Customer has the right of withdrawal within 14 (fourteen) days from the delivery of the Product or Products to the delivery address specified in this Agreement, without having to give any reason.
6.2. In order to exercise the right of withdrawal, the Seller must be notified by phone or e-mail within 14 (fourteen) days and the Product or Products to be returned must be unused and can be offered for resale by the Seller within the framework of the provisions of Article 6 of this Agreement. In case of exercise of the right of withdrawal:
- The invoice for the Product or Products delivered to the delivery address specified by the Customer in this Agreement, (If the invoice for the Product or Products to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
- Return form,
- The box, packaging and standard accessories, if any, of the Product or Products.
6.3. The price of the Product or Products will be refunded to the Customer within 10 (ten) business days following the receipt of the items listed in Article 6.2 by the Seller.
6.4. The entire shipping cost, including shipping to the Customer, of the Product or Products returned within the period for any reason will be covered by the Seller. In the return of product shipments made with the cash on delivery service, the service fee charged by the cargo company for the collection of the product price will not be refunded.
6.5. When returning the Product or Products to the Seller, the original invoice presented to the Customer at the time of delivery must also be returned to the Seller. If the invoice is not sent to the Seller together with the Product or Products or at the latest within 5 (five) days from the date of shipment of the Product or Products, the return will not be made and the Product or Products will be sent back to the Customer in the same manner with cash on delivery.
6.6. The phrase "return invoice" will be written on the invoice to be returned and signed by the Customer.
6.7. In sales transactions made by cash or money transfer, including the use of the right of withdrawal, the refund will be made either to a bank account in the Customer's own name or to the bank account that the Customer will specify in the return form that they will fill out and sign by presenting their identity at a Marsea Store store belonging to the Seller. Apart from this, if the Customer does not actually come to the Marsea Store store and declare the account of a third party in writing on the return form, they cannot request the refund to be made to a bank account of a person other than themselves by phone, e-mail or other communication channels. The Customer accepts the Seller's right to refrain from making a refund to a third party account, including their first degree relatives.
6.8. If the campaign conditions used during the purchase are violated when returning the products purchased as part of a campaign, the refund amount will be calculated by deducting the advantage/amount gained from the campaign from the customer's receivables.
- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery, or for products whose return is not suitable for health and hygiene reasons.
- FORCE MAJEURE
8.1. Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, will be considered as force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs will notify the other party of the situation immediately and in writing.
8.2. During the continuation of force majeure, the parties will not be held liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
- DEFAULT STATE AND ITS CONSEQUENCES
The Customer accepts, declares and undertakes that if the Customer defaults in the payment transactions made by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees that will arise from the Customer and in any case, if the Customer defaults due to his/her debt, the Customer accepts, declares and undertakes that he/she will pay the Seller's losses and damages due to the delayed payment of the debt.
- COMPETENT COURT
In disputes arising from this contract, Consumer Arbitration Committees and Consumer Courts and Enforcement Offices at the Customer's place of residence are authorized up to the value declared by the Ministry of Industry and Trade.
- NOTIFICATIONS
All notifications, notices and notifications to be made in accordance with this Agreement shall be made to the Parties’ addresses specified in Article 1 of this Agreement by e-mail, express cargo shipment, registered mail or notary. The Parties agree that the addresses specified in the Agreement are the legal notification addresses and that notifications made to these addresses shall be valid unless the other party is notified of a change of address five (5) business days in advance. All notifications made by the Seller within the scope of this Agreement shall be deemed to have reached the Customer 1 (one) day after they are sent and all notifications sent by the Customer to the Seller within the scope of this Agreement shall be valid from the day they are deemed to have been notified in accordance with Turkish Laws.
- FINAL PROVISIONS
This Agreement consists of 9 (nine) articles and 6 (six) pages and was concluded by the Parties on [*DYNAMIC*]. The preliminary information form and the invoice on the payment page of the https://tr.marsea.store/ website are integral parts of this Agreement. The Parties accept, declare and undertake that they have read and accepted this Agreement in its entirety, that the information specified by them herein is correct and that all provisions of the Agreement are valid. The Customer who approves this Agreement with the specially organized infrastructure of the Site is deemed to have accepted all the terms of the Agreement.
12.1. The Customer is deemed to have accepted all the terms of this agreement when he/she makes the payment for the Product or Products he/she has ordered through the site.
12.2. This Agreement consists of 12 (twelve) articles and 7 (seven) pages and was executed by the Parties on [*DYNAMIC*]. The preliminary information form and the invoice on the payment page of the https://tr.marsea.store/ website are integral parts of this Agreement. The Parties accept, declare and undertake that they have read and accepted this Agreement in its entirety, that the information specified by them herein is correct and that all provisions of the Agreement are valid. The Customer who approves this Agreement with the specially organized infrastructure of the Site is deemed to have accepted all the terms of the Agreement.
|
Sales person |
Customer |
|
MARSEA STORE İLAYDA ATAOGLU |
[*DYNAMIC*] |