Distance Selling Agreement
Distance Selling Agreement and Preliminary Information Form
ARTICLE 1 - PARTIES
SALES PERSON :
Shopping centre:
Telephone:
Email:
BUYER:
Name-Surname: ………………………………………………………………………..
Address: ……………………………………………………………………………………….
Telephone: ………………………………………………………………………………………
Email: …………………………………………………………………………………………
ARTICLE 2 - SUBJECT OF THE AGREEMENT
2.1. The subject of this agreement is the purchase by the BUYER of goods belonging to the SELLER. www.meralsaatci.com This agreement defines the rights and obligations of the parties regarding the product, whose specifications and sales price are detailed below, ordered electronically through the website . This agreement has been drawn up in accordance with the provisions of the Turkish Commercial Code, the Code of Obligations, Law No. 6502 on Consumer Protection, and the Regulation on Distance Contracts. The parties to this agreement acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts.
2.2. The buyer acknowledges and declares under this agreement that they have been clearly and comprehensibly informed by the seller, in a manner suitable for the internet, about the seller's name, title, full address, telephone and other contact information, the essential characteristics of the goods for sale, the sales price including taxes, the payment method, delivery conditions and costs, etc., all preliminary information regarding the goods for sale, the right of withdrawal and how to exercise this right, the official authorities to which complaints and objections can be submitted, etc., that they have confirmed this preliminary information electronically, and that they subsequently placed an order for the goods. www.meralsaatci.com The preliminary information provided on the website and the invoice issued based on the order placed by the buyer are integral parts of this agreement.
ARTICLE 3- Product Information / Payment / Delivery Information
3.1. The product's type, quantity, brand, model, color, number of units, sales price, delivery/billing address, delivery person, and payment method are as follows:
Product Type:
Brand/Model/Color:
Quantity:
Selling Price (including VAT):
Shipping Fee:
Payment method:
Delivery Address:
Person to whom the delivery will be made:
Billing Address:
3.2. The information provided above must be accurate and complete. The buyer agrees to fully compensate for any damages arising from inaccurate or incomplete information and accepts all liability that may arise from this situation.
3.3. If the SELLER detects a problem with the order and is unable to contact the BUYER using the telephone, email, or postal addresses provided by the BUYER, the SELLER will suspend the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, the SELLER will cancel the order to prevent harm to both parties.
ARTICLE 4 - DATE OF CONTRACT AND FORCE MAJEURE
4.1. The contract date is the date the order was confirmed by the seller.
4.2. Circumstances that did not exist or were unforeseen at the time of signing the contract, that develop beyond the control of the parties, and whose occurrence makes it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under this contract, or to fulfill them on time, shall be considered force majeure (natural disaster, war, terrorism, insurrection, changes in legislation, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party experiencing the force majeure event shall immediately notify the other party in writing. The parties shall not be liable for their inability to perform their obligations during the continuation of the force majeure event. If this force majeure event continues for 30 (thirty) days, each party shall have the right to terminate the contract unilaterally.
ARTICLE 5 - SELLER'S RIGHTS AND OBLIGATIONS
5.1. The Seller agrees and undertakes to fully fulfill the obligations imposed on it in this contract, except in cases of force majeure, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Persons under 18 (eighteen) years of age You cannot make purchases from www.meralsaatci.com . By making a purchase from the website, the buyer undertakes that they are over 18 years of age. A user who is not over 18 years of age... The seller is not responsible for any damages that may be incurred as a result of actions taken by opening an account through www.meralsaatci.com .
5.3. Price inaccuracies resulting from system errors www.meralsaatci.com is not responsible. Accordingly, the seller is not liable for any promotional or pricing errors that may arise due to system errors, design flaws, or illegal interventions on the website. The buyer cannot make any claims against the seller based on system errors.
5.4. Prices on www.meralsaatci.com may fluctuate due to exchange rate changes. The final price will be the one shown in your order confirmation email.
5.5. Due to the nature of the web environment, there may be differences in color, size, and text between the product shown in the image and the product delivered. The primary criterion is the manufacturer's technical data regarding the product.
5.6. All technical data and images on the www.meralsaatci.com website may not be used by the user for any reason or for commercial purposes.
5.7. If the BUYER wishes to pay via bank transfer/EFT, the payment for the product(s) to be purchased must be made to the SELLER's account within 1 week of placing the order, and the website operator must be notified of the payment by clicking the "I have made a bank transfer/EFT" button in the relevant section of the website. Otherwise, the BUYER's order will be cancelled.
ARTICLE 6 - RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. The parties to this agreement are the BUYER and the SELLER, and all obligations and responsibilities related to the fulfillment of this agreement belong to the parties. This agreement enters into force on the date it is electronically approved by the BUYER.
6.2. The buyer agrees and undertakes to fully fulfill the obligations imposed upon him in this contract, except in cases of force majeure.
6.3. By placing an order, the buyer is deemed to have accepted the terms of the business contract and agrees and undertakes to make the payment in accordance with the payment method specified in the contract.
6.4. The buyer, The buyer acknowledges and declares that they have received clear, understandable, and internet-appropriate information from the seller on the website www.meralsaatci.com regarding the seller's name, title, full address, telephone and other contact information, the basic characteristics of the goods for sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information regarding the goods for sale, the right of withdrawal and how to exercise this right, the official authorities to whom complaints and objections can be submitted, etc., and that they have confirmed this preliminary information electronically.
6.5. In accordance with the preceding clause, the Buyer acknowledges that the product ordering and payment terms, product usage instructions, precautions taken against possible situations, and warnings are included in the relevant document. The user declares that they have read and are aware of the order/payment/usage procedures of www.meralsaatci.com and have provided the necessary confirmation electronically.
6.6. If the buyer wishes to return the product, they are responsible for ensuring that the product and its packaging are not damaged in any way, and that the product is delivered to the courier in good condition, complete, conforming to the specifications stated in the order, and with any warranty documents and user manuals, if applicable . The BUYER agrees and undertakes not to exchange the product for another product. If the buyer exchanges or damages the product, the company will have the right to claim compensation and penalties equal to the product price, in addition to any damages incurred.
6.7. Products wishing to be returned due to any defect will undergo a technical inspection after being delivered to our company via our contracted shipping company. Based on the conformity report issued as a result of this inspection, if the return is accepted, the buyer will be contacted to either exchange the product for another available one or issue a refund. These processes take a total of 3 to 15 days.
6.8. If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.
6.9. Delivery will be made by a courier company to the address specified in Article 3, and delivered by hand to the BUYER. Even if the buyer is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation completely and fully.
6.10. If, for any reason, payment for the product is not made or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
6.11. Any expenses and other damages arising from the BUYER's late receipt of the product under the conditions specified in 6.9, or due to the product being held by the shipping company and/or the shipment being returned to the SELLER, shall be borne by the BUYER.
6.12. Shipping costs are not included in the product price unless otherwise stated on the website. Return shipping costs are the responsibility of the buyer. The seller reserves the right to refuse return shipments with payment on delivery.
Article 7 - Order/Payment Procedure
7.1. Order: After the buyer confirms the total TL amount (including VAT) of the products added to the shopping cart (or the total installment amounts for installment transactions), the transaction is processed through the POS terminal of the relevant bank card. Therefore, an order confirmation email is sent to the customer before shipment. Delivery will not be made without sending the order confirmation email.
7.2. Orders can only be placed for products whose current stock status is displayed on www.meralsaatci.com . All other stock data is for informational purposes only and is not available for sale through the system.
7.3. Payment: www.meralsaatci.com offers cash on delivery and credit card payment options for customers who prefer not to use their credit card information online.
7.4. If the Buyer chooses to pay by credit card, the BUYER acknowledges, declares, and undertakes that they will separately confirm the relevant interest rates and information regarding default interest with their bank, and 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 in accordance with the applicable legislation.
7.5. In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the contract shall be cancelled by the seller, by returning the total amount paid to the buyer and any documents that may have obligated the buyer to further payment, within ten days at the latest. In such a case, the buyer shall not have any additional claims for material or moral damages from the seller.
7.6. If, after delivery of the product, the bank or financial institution fails to pay the seller the product price due to the unauthorized or unlawful use of the buyer's credit card by unauthorized persons, not resulting from the buyer's negligence or fault, the buyer is obligated to return the product, delivered to them or a designated person, to the seller within 3 days. In such cases, the shipping costs shall be borne by the buyer. The seller shall have no liability if the purchase is made using a secure payment method.
7.7. The parties agree that seller records containing the buyer's statement (such records will include telephone calls, internet records, etc.) shall be considered binding evidence for the parties.
ARTICLE 8 - SHIPPING/DELIVERY PROCEDURE
8.1. Shipping: Once the order confirmation email is sent, the product(s) will be handed over to the seller's contracted shipping company.
8.2. Delivery: The product(s) will be delivered to the buyer's address via the seller's contracted courier. Products can optionally be delivered in a "Gift Box" with insurance via courier. Orders are shipped the same day; products not in stock will be manufactured and shipped within a maximum of 30 business days.
8.3. In cases of inaccuracies and omissions in shipping information, or due to circumstances such as social events and natural disasters, delays may occur beyond the specified delivery timeframe. The seller is not responsible for these delays. If the product is to be delivered to a person/entity other than the Buyer, the Buyer is responsible for any extra shipping costs and delays that may arise from the recipient's refusal to accept delivery, inaccuracies in shipping information, and/or the Buyer not being present at the delivery location; the seller is not responsible.
8.4. In case of damaged packaging; Damaged packages should not be accepted, and a report should be filed with the courier company representative. If the courier company representative believes the package is not damaged, the buyer has the right to have the package opened on the spot to verify that the products were delivered undamaged and to have this documented in a report. Once the package is accepted by the buyer, it is considered that the courier company has fully completed its duties. If the package is not accepted and a report is filed, the situation should be reported to the seller's Customer Service as soon as possible, along with the copy of the report remaining with the buyer.
8.5. The seller is not liable for any issues arising from the shipping company's failure to reach the recipient's address or the inability to deliver the package.
ARTICLE 9 - PROCEDURE REGARDING PRODUCT RETURNS AND WITHDRAWAL RIGHTS
9.1. In accordance with Law No. 6502 on Consumer Protection, the buyer has the right to return the purchased product(s) within 14 days of receiving them from the shipping company, provided the following conditions are met. To exercise this right, the "Cancellation and Return" option must be used under the "My Orders" section on the website. After clicking on the return option, the form that opens must be filled out completely. If the product(s) to be returned are sent to the seller via the seller's contracted shipping company, the buyer will not pay any shipping fees.
9.2. The conditions for returns are as follows:
- a) The buyer must complete the "Return Form" in full.
- (b) The order must be placed within 14 days of the shipping company delivering it to the recipient.
- c) The buyer must, in accordance with the general circular of the Tax Procedure Law No. 385, send the product(s) invoice(s) with the completed and signed return sections at the bottom, along with the delivery note (if applicable), within 10 days from the date of notification of cancellation. (If the invoice for the product to be returned is issued to a company, it must be sent together with a return invoice issued by the company. Returns of orders invoiced to companies cannot be completed without a RETURN INVOICE.)
- d) The buyer does not have the right to return or cancel products that are manufactured according to the consumer's specific requests and demands, or that have been customized with alterations and additions to the individual's measurements or design, or that have been embellished with a name, monogram, personalized phrase, or print. Furthermore, returns are not accepted for piercing products due to hygiene reasons.
- e) For shipments to the TRNC (Turkish Republic of Northern Cyprus) and abroad, since VAT is not paid on payments made by the Buyer within the scope of the order, the Buyer is obliged to pay all taxes on the purchased product(s) upon delivery from customs. The Buyer does not have the right to withdraw from the order for any product(s) not received from customs under any circumstances.
- f) Due to their nature, returns are not accepted for single-use products, perishable products with a high probability of expiring, and all types of software and programs that can be copied. Furthermore, for all types of software and programs, DVDs, DIVX, VCDs, CDs, MDs, video cassettes, computer and stationery consumables (toner, cartridges, ribbons, etc.), all types of cosmetics, underwear, and all types of personal care products, the right of withdrawal can only be exercised if the product packaging is unopened, undamaged, untried, and unused.
9.3. If the above conditions are met, the product(s) to be returned will be inspected by Meral Saatçi and, if necessary, the product manufacturers to determine their suitability for return. This process takes 1-15 days. If the products are deemed suitable for return, the product price will be refunded to the buyer using the same payment method used for the purchase. This process takes a maximum of 10 days. Meral Saatçi is not responsible for delays caused by the bank in credit card transactions.
9.4. RIGHT OF WITHDRAWAL: The seller has the right to withdraw from the contract within 14 days without giving any reason and without paying any penalty.
9.5. A decrease in the value of the goods received or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the consumer's fault, the consumer must compensate the seller for the value of the goods or the decrease in value. If the seller believes that the return of the goods sent by the buyer has become impossible, they must inform the buyer of this situation within a maximum of 3 days from the date of receipt of the goods.
9.6. In the event of a return of goods or services purchased with a card, the seller cannot make a cash payment to the buyer, as per the agreement between the seller and the bank. The merchant, i.e., the seller, will process the return through the relevant software, and since the merchant, i.e., the seller, is obligated to pay the relevant amount to the bank in cash or by offsetting, cash payment to the buyer is not possible according to the procedure detailed above. Refunds to credit cards will be processed according to the procedures determined by the bank, depending on how the payment was transferred to the bank.
9.7. In commercial transactions outside the scope of Law No. 6502, the provisions of the Turkish Commercial Code shall apply to matters relating to defects, hidden defects, or returns.
ARTICLE 10 - WARRANTY
Products are covered by a "Lifetime" maintenance and repair warranty from Meral Saatci . If the product(s) purchased by the Buyer through the website malfunction within the warranty period, the Buyer must send the product(s) along with the invoice to an authorized service center for necessary repairs, with shipping costs borne by the Buyer. Fault investigation will be conducted by the brand's fault investigation unit for the purchased product(s). Fault investigation takes at least 21 business days (1 month) and may extend up to 30 business days depending on the workload of the fault investigation unit. After the decision of the fault investigation unit is communicated to the SELLER, the BUYER will be contacted, and if the product(s) are deemed faulty, the BUYER will be provided with a replacement of the same product or a different product. If there is a price difference between the product chosen by the BUYER and the faulty product, the SELLER will not refund the difference for the cheaper product, but will request a price difference from the BUYER if the more expensive product is chosen. Fault investigations are not performed on products sent by the Buyer without an invoice.
ARTICLE 11 - CONFIDENTIALITY
The information provided by the buyer to the seller for the purpose of making payment, as stated in this agreement, will not be shared with third parties by the seller. The seller may only disclose this information within the framework of administrative/legal obligations. In the case of any judicial investigation for which investigative authority has been documented, the seller may provide the requested information to the relevant authority if it is in their possession. Credit card information is absolutely not stored. Credit card information is only used during the collection process to securely transmit it to the relevant banks for authorization and is deleted from the system after authorization. Information belonging to the buyer, such as email address, postal address, and telephone number, is only used by the seller for standard product delivery and information procedures. Campaign information, information about new products, and promotional information may be sent to the buyer after their consent. In cases of criminal breaches of the site's security or terms of use by the user, information that can aid in identification and prosecution will be shared with law enforcement.
ARTICLE 12 - WEBSITE SECURITY
www.meralsaatci.com uses the most advanced encryption systems. A secure browser that supports the specified version is required for active use on your computer. The security of the buyer's computer and the use of antivirus software are the buyer's responsibility.
ARTICLE 13 - ACCESS TO THE SITE AND PROTECTION OF ACCOUNT INFORMATION
To shop on www.meralsaatci.com , the buyer must create a username and password. This username and password are unique to the shopper and must be accurate and complete. The username and password together constitute the buyer's identity, and the security and confidentiality of this identity is entirely the buyer's responsibility. The buyer is solely responsible for any activities undertaken on the site by individuals or entities other than the buyer using their identity information. Therefore, if the buyer notices that someone other than themselves has accessed the site using their identity, they must immediately inform the seller. www.meralsaatci.com reserves the right to monitor user information and request its modification or deletion at its sole discretion. Even though www.meralsaatci.com uses the most advanced security systems, the seller acknowledges that they are not responsible for information being accessed by malicious third parties without any fault on their part.
ARTICLE 14 - COMPETENT COURTS AND ENFORCEMENT OFFICES IN CASE OF DISPUTE
In the event of a dispute arising from the implementation of this agreement, the Consumer Arbitration Boards and the Consumer Courts in the place of residence of the Buyer or Seller shall have jurisdiction up to the value announced annually in December by the Ministry of Industry and Trade. For commercial matters not covered by Law No. 6502 on Consumer Protection, the Fethiye Courts and Enforcement Offices shall have jurisdiction and competence. By placing an order, the Buyer shall be deemed to have accepted all the terms and conditions of this agreement.
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SALES PERSON :
BUYER : ………………………………………………………..
History :………………………………………………………….
