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DISTANCE SALES CONTRACT

("Contract")

Parties

Seller

Company Name: Mameks Tekstil Sanayi Pazarlama ve Dış Ticaret Limited Şirketi
Address: Anadolu Hisarı, Sine Sokak No:37, 34810 Beykoz / İstanbul
Tax Identification No.: 611006215
Telephone: +90 216 462 0470
E-mail: info@mesele.com.tr

Buyer

Full Name: [.]
Address: [.]
Telephone: [.]
E-mail: [.]

Definitions

Buyer: The natural person who purchases products sold via www.mesele.com.tr ("Platform").
Law: Refers to Law No. 6502 on Consumer Protection.
Seller: Refers to the legal entity whose title and trade registry details are set out in Clause 1.1 of the Contract.
Platform: Refers to the website www.mesele.com.tr.
Pre-Contractual Information Form: The pre-payment information document forming an integral part of the Distance Sales Contract, intended to inform the Buyer of the Seller's detailed contact details, the essential characteristics of the goods or services, the sale price, the conditions for the right of withdrawal, and information on the use of the Product.
Product: Refers to the goods and/or groups of goods constituting the subject matter of the transaction under the Contract.
Regulation: Refers to the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014.

Object and Subject Matter of the Contract

The object and subject matter of the Contract is the determination of the rights and obligations of the Parties in relation to the sale of goods and groups of goods offered by the Seller to the Buyer via the Platform, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The Parties accept, declare and undertake that they have concluded the sale in full knowledge and understanding of the provisions and terms set out in the Contract, the Pre-Contractual Information Form appended thereto, and the invoice.

Term and Entry into Force of the Contract

The Contract enters into force when the Buyer proceeds to the payment stage following the selection and purchase of the product or products, confirms this Contract and the Pre-Contractual Information Form in electronic form after having read them carefully, and completes the payment by entering card details. The statutory periods set out in the Contract commence on the date of delivery of the product to the Buyer and expire upon the expiry of the periods running from that date.

Characteristics of the Product

Product Description Quantity Cash Price Subtotal (VAT Included)
[.] [.] [.] [.]

Product means all goods and groups of goods displayed by the Seller on the Platform. The Buyer may view detailed information on the Product to be purchased on the Product page on the Platform and in the Pre-Contractual Information Form which the Buyer has reviewed and approved before purchase.

Rights and Obligations of the Parties

  • The Buyer declares and undertakes that as of the date of the Contract he/she has attained the age of 18 and is not under any legal incapacity requiring guardianship.
  • The Buyer declares that he/she has read and is informed of the pre-contractual information provided by the Seller regarding the essential characteristics of the Product, the sale price and the method of payment, and has given the necessary confirmation, consent and explicit consent in electronic form.
  • The Buyer accepts, declares and undertakes that the information provided upon registration on the Platform is complete, accurate and correct, and that he/she will indemnify the Seller in full and without delay for any loss suffered by the Seller as a result of such information being incorrect.
  • The Buyer may not disclose or share the password and user information created on the Platform with any other person or entity. In the event that the Buyer's password is obtained by another person and a transaction is carried out using the same password, the Buyer shall be liable to make in full and in due time any payments arising from such transaction. The Seller's right to claim any indemnity and other claims against all liability that may arise therefrom and all claims and demands that may be asserted against the Seller by third parties or competent authorities is reserved.
  • The Buyer accepts, declares and undertakes that he/she may not assign the rights and obligations under the Contract and other documents approved on the Platform to third parties. The Seller is not liable for pricing errors arising from systemic or technical faults. In such case, the Seller is entitled to unilaterally cancel the purchase made at an erroneous price. Where the Seller cancels a purchase made at erroneous prices, the price paid by the Buyer shall be refunded in accordance with the refund procedures and conditions set out in the Contract.
  • The Seller shall perform the subject matter of the order within thirty days at the latest from the date on which the order is communicated to it by the Buyer. This period may be extended by up to ten days provided that the Buyer is notified in writing or by a durable medium in advance. Unless otherwise stated by the Seller, delivery costs, shipping charges and packaging costs shall be borne by the Buyer. Delivery of the Product is made through courier companies. The Seller is not liable for any failure on the part of the courier company in the delivery of the goods to the Buyer. Where the Buyer is not present at the delivery address at the time of delivery, the Seller shall be deemed to have performed its obligation in full. Accordingly, any loss arising from the Buyer's late receipt of the product, and the costs arising from the product being held at the courier company and/or the return of the shipment to the Seller shall be borne by the Buyer.
  • The Seller accepts, declares and undertakes that where it is unable to deliver the product which is the subject of the Contract within the due period owing to force majeure, i.e. circumstances beyond the control of the Parties, which could not have been foreseen and which prevent and/or delay the performance of the Parties' obligations, it will notify the Buyer thereof. The Buyer is entitled to request from the Seller the cancellation of the order, the replacement of the product which is the subject of the Contract with an equivalent if available, and/or the postponement of the delivery period until the impediment ceases. Where the order is cancelled by the Buyer, in respect of payments made in cash by the Buyer, the product amount shall be paid to the Buyer in cash and in a single payment within 14 days. In respect of payments made by the Buyer by credit card, the product amount shall be refunded to the relevant bank within 14 days following the cancellation of the order by the Buyer. The Buyer accepts, declares and undertakes that the average process for the refunded amount to be credited by the bank to the Buyer's account may take 2 to 3 weeks, that the crediting of such amount to the Buyer's accounts after its refund to the bank is entirely related to the bank's transaction process, and that the Buyer may not hold the Seller liable for any delay. The unavailability of the goods in stock shall not be deemed to render performance impossible. In such case, the delivery period shall be extended by the time necessary to procure the product.
  • Where mutual agreement is reached by the Parties, where this falls within the provisions set out in the Contract, or where it is established that the product cannot be supplied for a legitimate and reasonable reason, the Seller may supply another product or service of equal quality and price to the Buyer.
  • The Buyer accepts, declares and undertakes that he/she will confirm this Pre-Contractual Information Form in electronic form for the delivery of the product which is the subject of the Contract, and that in the event of non-payment of the price of the product which is the subject of the Contract for any reason and/or its cancellation in the bank records, the Seller's obligation to deliver the product which is the subject of the Contract shall cease. The Buyer accepts, declares and undertakes that where, for any reason, the price of the product which is the subject of the Contract is not paid to the Seller by the relevant bank or financial institution following delivery of the product to the Buyer or to the person and/or entity at the address indicated by the Buyer, the Buyer will return the product which is the subject of the Contract to the Seller within 3 days, with the shipping costs borne by the Seller.
  • The Seller reserves the right to suspend and/or cancel the order application at any time, subject to informing the Buyer, where it is established that the documents and information provided in relation to the order are incomplete, false and/or incorrect, or where there is or is established a suspicion that the order was placed in bad faith and/or for commercial purposes and/or for gain. In the event of cancellation, the refund process may be carried out subject to the Buyer being informed.

Right of Withdrawal

  • In distance contracts for the sale of goods, the Buyer may exercise the right of withdrawal from the Contract by rejecting the goods, without incurring any legal or criminal liability and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to himself/herself or to the person/entity at the address indicated by him/her, subject to notifying the Seller and in accordance with the provisions and conditions set out in this clause. In distance contracts for the provision of services, this period runs from the date of signing of the contract. The right of withdrawal may not be exercised in respect of service contracts where performance of the service has begun with the consumer's consent before the expiry of the withdrawal period. By accepting this Contract, the Buyer is deemed to have been informed in advance about the right of withdrawal.
  • Exercise of the right of withdrawal is subject to written notice being given to the Seller by registered mail with return receipt, fax or e-mail within the 14 (fourteen) day period, and to the product not having been used in a manner inconsistent with the provisions on "Products in Respect of Which the Right of Withdrawal Cannot Be Exercised" set out in this Contract.
  • Where this right is exercised, the invoice for the product delivered to the third party or the Buyer (where the invoice for the product to be returned is issued in the name of a company, the credit note issued by the company must be sent upon return. Returns of orders invoiced in the name of companies cannot be completed unless a "Credit Note" is issued.)
  • Products to be returned must be delivered complete and undamaged, together with their box, packaging, standard accessories if any, and any promotional items sent by the Seller.
  • The Seller is obliged to refund the total price and documents putting the Buyer under obligation to the Buyer within 10 days at the latest from receipt of the withdrawal notice, and to take back the goods within 20 days.
  • Where the value of the goods decreases or return becomes impossible due to a cause attributable to the Buyer's fault, the Buyer shall be liable to compensate the Seller's loss in proportion to his/her fault, and in such case the Seller has the right to refuse to take back the product. Where the use of the right of withdrawal results in the campaign threshold amount set by the Seller not being reached, the discount enjoyed under the campaign shall be cancelled.

Cases in Which the Right of Withdrawal Cannot Be Exercised

Where the products or product groups supplied by the Seller fall within the provisions set out below, the Buyer may not exercise the right of withdrawal. In such case, any request from the Buyer within the scope of the right of withdrawal may be rejected by the Seller.

  1. a) Contracts for goods or services the price of which is subject to fluctuations in financial markets and which are not under the control of the seller or the supplier.
  2. b) Contracts for goods prepared in accordance with the consumer's requests or personal needs.
  3. c) Contracts for the delivery of perishable goods or goods that may expire.
  4. d) Contracts for the delivery of goods whose protective elements such as packaging, seal, etc. have been opened after delivery and whose return is not appropriate from a health and hygiene perspective.
  5. e) Contracts for goods which have been mixed with other products after delivery and which by their nature cannot be separated.
  6. f) Contracts for books, digital content and computer consumables, data recording and data storage devices supplied in a tangible medium where the protective elements such as packaging, seal, etc. of the goods have been opened after delivery.
  7. g) Contracts for the delivery of periodical publications such as newspapers and magazines, except those supplied under a subscription contract.
  8. h) Contracts for accommodation, transport of goods, car rental, supply of food and drink and leisure or recreation activities to be performed on a specific date or within a specific period.
  9. i) Contracts for services performed in electronic form without delay or for intangible goods delivered to the consumer without delay.
  10. j) Contracts for services in respect of which performance has begun with the consumer's consent before the expiry of the withdrawal period. Cosmetic and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must have unopened, untried, undamaged and unused packaging in order to be returned.

Resolution of Disputes and Applicable Law

Turkish law shall apply to the provisions and performance of this Contract.

Consumer Arbitration Boards and Consumer Courts shall have jurisdiction over disputes arising from the Contract. The Buyer may apply to the Consumer Arbitration Board or Consumer Court at the place where he/she purchased the Product or where his/her residence is located, within the monetary thresholds prescribed by the applicable legislation. Istanbul Anadolu Courts and Execution Offices shall have jurisdiction for the final resolution of disputes within the monetary threshold.

Amendments and Entry into Force

This Contract has been read and understood by the Parties and signed. The Buyer's signing shall be deemed to have been completed by the selection of the confirmation option on the Platform and the completion of the payment process. The Seller may, where it deems necessary, add or remove new clauses and/or sub-headings or amend the clauses. The Buyer declares and undertakes that he/she has accepted such amendments in advance.

This Contract consisting of 10 (ten) clauses has been concluded by the Parties having read it, and by the Buyer having read it in electronic form and selected the confirmation option on the Platform, and has entered into force immediately.