1. INFORMATION ON THE SELLER
Commercial Title :
(hereinafter to be referred as the “Seller”)
Address : Pazar Sokak No:37, BEYKOZ
Anadoluhisarı / İstanbul
Phone No. : 0 216 462 0470
E-mail address : [email protected]
2. INFORMATION ON THE BUYER
Name, Surname or Title : Name of the Member
Address : Address of the Member
Phone Number : Phone number of the Member
Mobile Phone Number : Mobile phone number of the Member
E-mail : E-mail address of the Member
DISTANT SALE CONTRACT
The subject of the present contract is the determination of the parties’ rights and liabilities pursuant to the provisions of the Law no. 6502 on the Protection of Customers, with regards to the sale and delivery of the product, ordered electronically by the Buyer, on the website http://www.mesele.com.tr belonging to the Seller, and whose properties and sale price are specified below.
The Buyer shall accept and state, all data included in the present distant sale contract and pre-information form are explained in a comprehensible manner, suitable to internet environment, he understood the relevant data and he placed the order upon accepting the present contract.
The pre-information form included to the www.mesele.com.tr website, and the invoice made out upon the order placed by the buyer, are integral parts of the present contract.
3- Contract Date and Validity Period
The present contract, which was previously signed by the seller, was sent to the e-mail address of the Buyer and accepted, through the approval given electronically by the buyer. The electronic approval date is also the date of the contract. All information presented to the Buyer concerning the products included to the present form, shall be valid until modifications concerning product information are made and published. Periods in the provisions of the Distant Sale Contract shall start after the delivery of the product included to the present form to Buyer, and end accordingly.
4- Performance of the Contract
4.1. Unless otherwise decided by the parties, the Seller shall perform the subject of the order within thirty days after the order is transmitted to the Seller by the Buyer, at the latest. The relevant period may be extended for a maximum period of ten days, provided it is previously notified to the Buyer in written form or a continuous data carrier.
4.2. When the performance of the commodity or service act subject to the order becomes impossible, the Buyer shall be notified of the situation and he shall be returned the total price he had paid and any document committing him within ten days at the latest. The non-availability of the commodity in the stocks, may not be considered as the commodity performance becoming impossible.
4.3. The Seller may provide another commodity or service of same price and quality, provided the following conditions are fulfilled.
a) It is agreed on within the contract.
b) It is understood, commodity or service subject to the contract may not be supplied due to the existence of a valid reason.
c) Buyers are expressly and comprehensibly informed and their approval is taken.
5- Payment by card
In cases where the payment is made via credit card, debit card or a similar payment card without the issue of any proof of payment, action is taken pursuant to the Law no. 5464 on Debit Cards and Credit Cards, which was issued on February 23, 2006, and Regulation on Debit Cards and Credit Cards published in the Official Gazette issued under no. 26458 on March 10, 2007, if the card is used by another person, in an illegal manner.
The purchased products shall be delivered to the delivery address previously given by the buyer, and to the person specified by the buyer, within thirty days after the contract date, at the latest. The relevant period may be extended for a maximum period of ten days, provided it is previously notified to the Buyer in written form or a continuous data carrier. Delivery expenses, cargo fees and packaging fees shall belong to the buyer until specified otherwise by the seller. Product delivery is carried out via cargo firms. The seller is not responsible from the deficiencies experienced by the cargo firm during the products’ buyer-delivery stage. If the Buyer is not present in the address during delivery time, the Seller shall be deemed as having fully and completely fulfilled its act. For this reason, all kinds of damages arising from the Buyer’s late reception of the product, along with the expenses occurring due to the product having waited at the cargo company and/or cargo’s return to the Seller, belong to the Buyer. For the delivery of the Product subject to order, one copy of the distant sale contract shall have been delivered to the Seller, or shall have been electronically approved, and its price shall have been paid by the Buyer through his method of preference. If, due to any reason the product price is left unpaid, or is cancelled in bank records, the Seller shall be deemed as having relieved from its product delivery liability. The delivery shall be made as soon as possible after the commodity price is transferred to the Seller’s account, depending on the availability of the stock condition.
7- Right of Withdrawal
The buyer is entitled to withdraw from the contract within fourteen days, without having to give any justification and without having to pay any penal clause. The orientation of the notice, concerning the right of withdrawal being used, towards the seller or the provider within the abovementioned period is sufficient. The seller or the provider is liable to prove, the Buyer has been informed concerning the right of withdrawal. If the Buyer is not properly informed on the right of withdrawal, his right to exercise the right of withdrawal is not limited with the period of fourteen days. In any case, the relevant period ends, one year after the date of the original right of withdrawal’s end. The buyer is not responsible from changes and deteriorations occurring due to habitual usage of the commodity within the right of withdrawal period. If the relevant right is exercised, it is mandatory to return the original of the invoice concerning the product delivered to the 3rd person or the Buyer. Also, the products to be returned, shall be delivered along with their box, package, and standard accessories, if any, and in a complete and undamaged manner. Also, it is mandatory for it to be returned along with other annexes, promotion materials and gifts, papers and other necessities delivered.
In contracts concerning the delivery of the commodity, the term for the right of withdrawal starts to run on the day the commodity is received by the Buyer; for other contracts, the relevant term starts on the date of the contract’s conclusion.
In case the Buyer uses his right of withdrawal, the seller is liable to return the total price he received and all kinds of documents committing the Buyer to the Buyer within ten days upon his reception of the withdrawal notification, free of charge, and to take the commodity back within twenty days.
8- Products for which the Right of Withdrawal may not be Used
The right of withdrawal may not be used under the following situations:
a) Service contracts, where the performance of the service was initiated before the expiry of the right of withdrawal period, through the approval of the Consumer
b) Contracts concerning goods whose prices are determined at stock exchanges or other organized markets
c) Contracts concerning the delivery of goods, prepared in line with Buyer’s demands and his personal needs, and whose return is unavailable due to its nature, and delivery of goods, which have the risk of perishability, or are under the risk of expiration.
d) Provided its package was opened by the buyer, contracts concerning voice or image records, software and computer consumables.
e) Contracts concerning the delivery of periodicals like newspapers and magazines
f) Contracts concerning the performance of services with regards to betting and lottery
g) Contracts on services immediately performed in electronic environment and intangible goods immediately delivered to consumer.
9- Force Majeure
Situations, which were not present or envisaged on the date of the contract’s conclusion, which develop beyond the controls of the parties, and which, upon their emergence makes the full or partial, or timely performance of liabilities and responsibilities of one or both of the parties undertaken through the contract impossible, shall be considered as force majeure (natural disaster, war, terror, riot, changing legislation provisions, seizure or strike, lockout, significant breakdown at production and communication facilities, etc.). The party suffering the force majeure shall immediately notify the other party of the situation, in written form.
The parties may not be held responsible due to their inability to fulfill their acts during the force majeure period. If the relevant force majeure situation lasts for 30 (thirty) days, each of the parties shall have the right to terminate the contract unilaterally.
10- Competent Court
Applications of the Buyer on the subject of complaints and objections, may be made to the arbitration committee for consumer problems or to the consumer court located at the place where the buyer either purchased the commodity or the service, or has residence, within the financial limits determined by the Ministry on each December.
11- Rights and Liabilities
1- Persons under 18 (eighteen) years old may not make purchases via www.mesele.com.tr. The Seller shall deem the age specified by the Buyer in the contract as correct. However, the Seller may by no means be held responsible due to the Buyer having stated his age incorrectly.
2- The Buyer and the Seller shall accept and undertake to fulfill the acts imposed to themselves in the contract completely, except for the situations of force majeure.
3- The Buyer shall accept and undertake, he is deemed to accept the provisions of the present contract upon his placement of order, and he has to make the payment in conformity with the payment method specified in the contract.
4- The Buyer shall accept and undertake, in case he wants to return the product he purchased, he shall by no means inflict any damage to the product and its package, and to return the original invoice and dispatch note simultaneously along with the return of the product.
5- If the product subject to the contract is to be delivered to a person/organization other than the Buyer, the Seller may not be held responsible if the person/organization to whom the delivery is supposed to be made, does not accept the delivery.
6- The Seller may not be held responsible if the ordered product cannot be delivered to the Buyer due to any problems to be encountered by the cargo firm during the stage of product’s delivery to the Buyer.
7- www.mesele.com.tr is not responsible from price mistakes occurring due to system errors.
8- Unless specified otherwise the by the Seller in written form, the Buyer has to have made the payment of the entire price before his reception of the Product. If the product price is not fully paid to the Seller due to any reason, the Seller may terminate the contract unilaterally and non-deliver the Product.
9. For the delivery of the products, the present Contract shall be confirmed electronically. If the price of the Products is left unpaid or cancelled in bank records due to any reason, the Seller is deemed to have been relieved from the liability to deliver the product.
10. If the price of the product is left unpaid to the Seller due to any reason, the Buyer shall return the Products to the Seller, at his own expense, within 3 (three) days at most after the Seller’s notification. All other legal rights of the Seller, including the follow-up of the Seller’s product price credit, are reserved.
11. The Buyer is liable to notify the Seller of the defect, within thirty days after the delivery date of the commodity. Under the relevant circumstance, the Buyer is entitled to withdraw from the contract, which also includes the return of the price, to demand the commodity to be replaced with a non-defected equivalent, to demand a discount in the price proportional to the defect, or, in case it does not require significant expenditure, to demand free repair of the commodity at the expense of the Seller. The Seller is liable to fulfill the relevant demand of the consumer. If free repair of the product or its replacement with a non-defected equivalent would bring non-proportional difficulties to the seller, the consumer may use one of its following rights: withdrawal from the contract or discount in the price proportional to the defect.
12- Default of Debtor
If the Buyer goes into default, the Buyer shall accept to pay the losses and damages of Seller occurring due to the late performance of the debt. In cases where the default of the Buyer arises due to the Seller’s fault, the Buyer will not be under the obligation to fulfill any losses and damages claim.
13- Confirmation of the Contract
The Buyer hereby electronically confirms and approves, stating he read all the conditions and explanations specified in the present Contract, and the order-contract pre-information form, which constitute an integral part of the contract, he has information on all pre-information concerning the Product subject to sale, such as the basic features of the Products subject to sale, sale price, payment method, delivery condition, etc., and also has knowledge on the right of withdrawal , therefore accepting the provisions of the order and the present Contract.