Distant Sales Contract

 
 

 

 

 

ARTICLE 1
1.1 DETAILS ABOUT SELLER
EZA İnt. Hizm. Paz. Tic. A.Ş.
Address: Etiler Mah. Nispetiye Cad. Akmerkez AVM Alt Çarşı No:164
Phone: +90 212 282 10 82
E-mail: [email protected]

1.2 DETAILS ABOUT PURCHASER
Name/Surname/Title: Same as invoice
Address: Same as invoice
Phone: Same as invoice
E-mail: Same as invoice

ARTICLE 2
SUBJECT
Th subject of this Distant Sales Contract is to establish the rights and obligations of the parties in regard to sales and delivery of product whose qualifications and sales price are given below and which PURCHASER places order electronically via shop.mutlumikrop.com owned by SELLER, pursuant to the provisions of Regulation on Code of Practice and Procedures of Distant Sales Contracts and Law on the Protection of Consumers numbered 4077. 

ARTICLE 3
PRODUCT THAT IS THE SUBJECT OF THE CONTRACT
Type and sort, amount, Brand/model, Color and Sales Price and Delivery Details of Products are same as given below.

Product Description:
Quantity: Same as invoice
Cash Price: Same as invoice
Forward Price: Same as invoice
Sub-total: Same as invoice
Total (including VAT): Same as invoice

Mode and Plan of Payment: Same as invoice
Delivery Address: Same as delivery info
Delivery Person: Same as delivery info
Invoice address: Same as invoice

Product deliveries shall be made on date which the system determined.
Since payment will be made in cash or by credit-card, a default interest shall not be applied by the SELLER.

ARTICLE 4
GENERAL PROVISIONS

4.1) The PURCHASER declares that he/she has read the pre-information about basic qualifications, sales price and mode of payment and delivery of the product that is the subject of the contract on shop.mutlumikrop.com, has been informed about these details and has given the necessary confirmation electronically. The PURCHASER’s confirmation in the electronic environment for the pre-information means that it has accurately and completely obtained the address required to be given by the Seller to the Consumer, basic characteristics of the products for which order has been placed, price of products in Turkish Liras including taxes, payment and delivery details prior to concluding the distance contracts.

4.2) The product that is the subject of the Contract is delivered to the PURCHASER or any other person/entity in the address shown within the given period in the pre-information given on internet site depending on the distance of settlement place of the PURCHASER for each product provided that this period does not exceed the legal period of 30 days.

4.3) Courier fee shall be paid by the PURCHASER. The SELLER cannot be held responsible for the failure of delivering the product ordered to the PURCHASER due to all and any kind of problem which the Courier company will encounter during the delivery of the product to the PURCHASER.

4.4) The SELLER is responsible for delivering the product that is the subject of the contract in a sound and complete condition, being compatible with qualifications stated in the order and together with its warranty and user’s manual, if any.

4.5) The SELLER may supply a different product having equal quality and price on condition that it will inform the PURCHASER and explicitly obtains its consent before its obligation of fulfillment arising from thereof expires.

4.6) If the SELLER could fulfill its obligations that are the subject of the contract due to the fact that fulfilment of the product or service that is the subject of the order becomes impossible, it notifies the circumstance to the consumer before its obligation of fulfillment arising from thereof expires and repays the total price to the PURCHASER within 10 days.

4.7) In the event that product price is not paid or cancelled in the bank records due to any reason, the SELLER is accepted to having been released of the obligation of delivering the product.

4.8) If the related bank or financial institution does not pay the price of the product to the SELLER due to the fact that the credit card of the PURCHASER is used by unauthorized individuals unfairly or illegally in such a way which is not resulted from the fault of the PURCHASER after the delivery of the product, the PURCHASER has to return the product to the SELLER within 3 days provided that it has been delivered to the PURCHASER. In such a case, the shipment costs are covered by the PURCHASER.

4.9) If the SELLER cannot deliver the product that is the subject of the contract within its legal period due to force majeure or extraordinary circumstances preventing the shipment like epidemic, adverse weather conditions, interruption of transportation, it is liable to inform the PURCHASER. In such a case, the PURCHASER may exercise any one of the following rights it has; cancelling of the order, replacing the product that is the subject of the contract with a precedent, if any and/or postponing the delivery period until the impeding circumstance disappears. In case of cancellation of the order by the PURCHASER, total amount it has paid is repaid to itself in cash and fully within 10 days. In payments which the PURCHASER made by credit card, the amount of the product is returned to the related bank within 7 days after the cancellation of the order by the PURCHASER. Since reflection of this amount in the accounts of the PURCHASER is completely related with bank transaction process after it is repaid to the bank, the PURCHASER acknowledges in advance that the SELLER cannot intervene into bank reflection process for probable delays and reflection of the amount repaid into the credit card by the SELLER in the account of the PURCHASER may last for 2-3 weeks in average.

ARTICLE 5
RIGHT OF WITHDRAWAL – RETURN
The PURCHASER may use its right of withdrawal from the contract by rejecting the goods in the distance contracts for the sales of goods without undertaking any legal and criminal liability and showing any reason within 14 days as from the date of delivery of the product to itself or person/entity in the address shown.

In the distance contracts pertaining to the service delivery, this period starts on the date when the contract is signed. The right of withdrawal may not be used in the service contracts bound to the consent of the consumer and service performance before the period for right of withdrawal expires. Costs arising from the exercising of the right of withdrawal belong to the SELLER.

In order to exercise the right of withdrawal, the SELLER must be informed by phone, return program or e-mail within 14 days and product must have been not used within the framework of the provisions of the article 6.

If the PURCHASER wishes to replace the product it has purchased with another product or returns the product and wishes to be defined a gift card at the same amount instead of the amount it has paid, it can perform this within 30 days as from the date of product delivery.

Exercising of right of return: 

a) The product delivered to the PURCHASER is required to be returned along with its invoice (if the invoice of the product requested to be returned is corporate, the return invoice issued by the entity while returning it).

Returns of the orders whose invoice has been issued on behalf of corporates shall not be completed, if RETURN INVOICE is not issued.

b) Information related with the reason of return should be written with signature on the invoice.

c) Products to be returned must be returned in their boxes, in a packaged wat, together with their standard accessories in a complete and undamaged way, in a state of resalable. Replacement or return is not accepted in mask products for the health of all of us.

d) The SELLER is liable to return the PURCHASER the total amount and documents putting the Purchaser under liability within at last 10 days as from the receipt of the withdrawal notice and to take the return of the goods within 20 days.

e) In case of decrease in the value of the goods or if return becomes impossible due to any reason arising from the fault of the PURCHASER, the PURCHASER is liable to indemnify the losses of the SELLER to the extent of the fault of the PURCHASER.

f) The return process is initiated by giving information over Mutlu Mikrop Product Return and Replacement Page for the product prepared in such way.

ARTICLE 6
PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED Products that cannot be returned by their nature are disposable products, copiable software and programs, perishable products or products whose expiration date is likely to expire. Return of such products is not accepted.

Returning of the following products depends on the condition that its package has not been opened, damaged and the product has not been used and tried.

- Mask

- All and any kind of cosmetic product
- Underwear products
- All and any kind of personal care product. If it is detected to having been used, return is not accepted.


 

ARTICLE 7
DEFAULT OF DEBTOR

Consumer Arbitration Committees and Consumer Courts located in a place where the PURCHASER purchases goods or service and it is registered are competent in the performance of thereof, up to the value announced by Ministry of Industry and Trade.

The SELLER may refer its applications pertaining to complaint and objections to the consumer problems arbitration committee or consumer court located in a place where it purchases goods or service or it is registered within the monetary limits determined by Republic of Turkey Ministry of Industry and Trade in December every year. Information about monetary limit are given below.

Being valid as from the date of 1/1/2011:

a) Lower monetary limit is 1.031,87 TRY regarding that decisions of consumer problems arbitration committees will be binding and it will be evidence in superior or consumer courts in the sub-clauses 5 and 6 of the amended article 22 of the Law on Protection of Consumer numbered 4077,

b) Lower monetary limit is 2.693,78 TRY regarding that provisional arbitration committees operating in provinces having the statue of municipality are in charge and authorized to deal with disputes in third sub-clause of article 5 of Regulation of Consumer Problems Arbitration Committee published in Official gazette dated 1/8/2003 and numbered 25186.

This contract is entered for commercial purposes.

SELLER: EZA İnt. Hizm. Paz. Tic. A.Ş.

PURCHASER: Same as invoice
DATE: Same as date of order

Çerez Kullanımı

Alışveriş deneyiminizi geliştirmek, hizmetlerimizi sunmak, müşterilerin hizmetlerimizi nasıl kullandığını anlayarak iyileştirmeler yapabilmek ve ilgi alanlarına göre özelleştirilmiş reklamlar da dahil olmak üzere reklamları gösterebilmek için çerezler ve benzeri araçları kullanmaktayız. Onaylı üçüncü taraflar da bu araçları, reklam gösterimimizle bağlantılı olarak kullanır. Detaylı bilgi için KVK Aydınlatma Metnimizi okuyabilirsiniz.