DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
Name/Title: HÜLYA GÜR
Address: KUZGUNCUK MAH. iCADİYE CAD. NO: 123 İÇ KAPI NO:1 ÜSKÜDAR/İSTANBUL
Central Registration System Number:
ARTICLE 2 – SUBJECT
The subject of this contract is to determine the rights and obligations of the parties regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER has ordered electronically from the “mondenistanbul.com/en” internet shopping platform, which belongs to the SELLER, under the provisions of the “Law on Protection of Consumers No. 4077” and “Regulation on the Application Procedures and Principles of Distance Contracts “.
ARTICLE 3: DELIVERY OF THE PRODUCT, PLACE OF CONTRACT AND DELIVERY METHOD
3.2. Payment Method: Payment by Money Order / EFT
3.3. On the other hand, since the forward sales are made only with the bank credit cards, the buyer will confirm the relevant interest rates and the information about the default interest separately from the bank, and accepts, declares and undertakes that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the buyer by the provisions of the legislation in force.
In cases where the buyer uses his/her right of withdrawal, or the product subject to the order cannot be supplied for various reasons, or in cases where the decision to refund the consumer is taken by the arbitration board, if the shopping is made with a credit card and in instalments, the procedure for return to the credit card is specified below:
If the customer bought the product in instalments, the Bank makes the repayment to the customer in instalments according to the number of instalments. After the mondenistanbul.com/en pays the entire product price to the bank in one go, when the instalment purchases made from the bank pos device are returned to the customer’s credit card, the requested refund amounts are again transferred by the Bank to the accounts of the bearer parties in instalments so that the parties involved do not suffer from the situation. If the date of return and the card’s account statement dates do not coincide, the instalment amounts paid by the customer until the cancellation of the sale will be made in a way that 1 refund will be reflected on the card each month, and the instalments paid by the customer before the return of the product will be returned according to the number of instalments paid before the return in the following months after the sales instalments are over.
In case of the return of goods and services purchased by a card, the mondenistanbul.com/en cannot make a cash payment to the Customer by the contract it has made with the Bank. In the event of a return transaction, the mondenistanbul.com/en will make the refund through the relevant software, since the mondenistanbul.com/en is obliged to pay the relevant amount to the Bank in cash or pay on account, the Customer cannot be paid in cash under the procedure explained above. The return to the credit card will be made by the Bank under the above procedure after the mondenistanbul.com/en pays a return to the Bank at once.
The buyer acknowledges and undertakes that s/he has read and accepted this procedure.
3.4- Delivery Method and Address:
Delivery Address: a/Turkey-Adıyaman-
Invoice Address: a/Turkey-Adıyaman-
The delivery will be hand-delivered at the Buyer’s address specified above via the courier company. Even if the buyer is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. For this reason, any damage caused by the late acceptance of the product and the expenses incurred due to the product waiting in the courier company and/or the return of the package to the SELLER belongs to the BUYER.
Courier Fee: The shipment price is added to the total amount of the order and paid by the customer. It is not included in the product price.
ARTICLE 4 – GENERAL PROVISIONS
4.1. The BUYER declares that s/he has read the “information form” prepared by the provisions of the “Law No. 4077” and the “Regulation on Implementation Procedures and Principles Regarding Door-to-Door Sales” on the “mondenistanbul.com/en” and all the preliminary information about the basic qualifications of the sale price, payment method and delivery of the product/products/services subject to the contract, which is also specified in the 3rd article of the contract, and has given the necessary confirmation in the electronic environment.
4.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence for each product, provided that it does not exceed the legal 30-day period.
4.3. If the product subject to the contract is to be delivered to another person/organization than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4. The SELLER is responsible for the delivery of the contracted product in good condition, complete, following the qualifications specified in the order, and with warranty documents and user manuals if any.
4.5- For the delivery of the product subject to the contract, 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 cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6- In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons after the delivery of the product, not due to the BUYER’s fault, it must be sent to the SELLER within 3 days provided that the product has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.
4.7- Defective or damaged products sold with or without a warranty certificate can be sent to the SELLER for the necessary repair to be made by the authorized service within the (defective) warranty conditions, in which case the shipping costs will be covered by the SELLER.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw within 7 days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. To exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within this period and the package of the product must not be opened and used by the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice and a copy of the courier delivery report stating that the product delivered to the 3rd person or the BUYER has been sent back to the SELLER. The product price is returned to the BUYER within 7 days following the receipt of these documents. It takes 1-3 weeks for the refund to be reflected in your account, depending on the bank you work with. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.
We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within seven (7) days from the date of receipt of the goods or the signing of the contract without any legal or criminal liability and without giving any reason, and to take back the good from the date on which the withdrawal notification reaches the seller or supplier.
For the refund to be processed under the general communiqué of the tax procedure Law No. 385, the relevant sections of the invoice that we have sent to you, which includes the return section, must be filled in completely and signed, and sent back together with the product.
However, since our customers do not pay VAT in their orders in the Turkish Republic of Northern Cyprus and abroad, they are obliged to pay the taxes of the products they have received at the customs. Customers do not have the right to withdrawal from products that are not received from customs in any way. Because, according to Article 8 of the REGULATION ON DISTANCE CONTRACTS APPLICATION PROCEDURES AND PRINCIPLES, the Consumer has the right to withdraw from the contract by rejecting the goods, without taking any legal or criminal responsibility and without giving any reason, within seven days from the date of receipt of the distance contracts regarding the sale of goods.
ARTICLE 6 – PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, and products whose expiration date has passed. The use of the right of withdrawal in the following products is subject to the condition that the packaging of the product is unopened, intact and the product has not been used.
– Herbal Tablet Products
– Products that cannot be returned due to their nature (except in cases where the product is defective or damaged, products that may pose a health hazard after opening, such as products that require direct contact with the body during use), disposable products, products that deteriorate quickly or expire are the products which cannot be returned.
The right of withdrawal cannot be exercised in the following cases:
– Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
– Contracts for goods prepared in line with the Buyer’s wishes or personal needs.
– Contracts for the delivery of perishable goods or the goods that might expire.
– Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene among the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery.
– Contracts for goods that get mixed with other products after delivery and cannot be separated due to their nature.
– Contracts for books, digital content and computer consumables are offered in the material environment, in case the protective elements such as packaging, tape, seal, package being opened after the delivery of the goods.
– Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription contract.
– Contracts for accommodation, transportation, car rental, food and beverage supply, and leisure time for entertainment or recreation must be carried out on a certain date or period.
– Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
ARTICLE 7- PROVISIONS OF DEFAULT
In case the parties fail to fulfil their obligations originating from this contract, the provisions of the Default of Debtor in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfil its obligations without a justifiable reason, the other party will give the non-performing party 7 days for the fulfilment of the said obligation. If it is not executed within this period, the party that does not fulfil its performance will be put in default and the creditor has the right to demand the delivery of the goods, and/or the termination of the contract and the refund of the price through demanding the fulfilment of the obligation.
According to the last paragraph of the 9th article of the Regulation on Distance Contracts, if the seller “mondenistanbul.com/en” cannot fulfil its contractual obligations, claiming that it is impossible to supply the goods or services that are the subject of the order (the situation where the product cannot be supplied from the supplier company in any way), the seller undertakes to notify the consumer before the expiry of the period of the fulfilment of the obligation. In this case, the mondenistanbul.com/en has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer and all documents that put the Customer under debt, if any.
If the “mondenistanbul.com/en” cannot deliver the product subject to the contract within the period due to force majeure or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, in such cases, the Buyer recognizes that the “mondenistanbul.com/en” has no responsibility, and may use one of the rights to cancel the order or delay the delivery time until the blocking situation disappears. If the BUYER cancels the order, the amount paid is returned to him/her within 10 days. (In the case of purchases made by a credit card in instalments, the above procedure is accepted by the BUYER for return to the credit card.)
ARTICLE 8 – AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the BUYER’s or SELLER’s settlement are authorized up to the value declared by the Ministry of Industry and Trade.
If the order is successful, the BUYER is deemed to have accepted all the terms of this contract.