1.PARTIES
This Agreement has been signed between the following parties under the terms and conditions set out below.
A. 'BUYER'; (hereinafter referred to as “BUYER” in the contract)
FULL NAME:
ADDRESS:
B. 'SELLER'; (hereinafter referred to as “SELLER” in the contract)
Company: MSS Grup Kimya Temizlik Medikal Makine İnşaat Gıda Bilgisayar Tekstil Sanayi ve Dış Tic. Ltd. Şti.
ADDRESS: Ferhatpaşa Mah. Anadolu Caddesi No:14 34859 Ataşehir - İSTANBUL
Phone: +90 216 660 08 98
Email: [email protected]
By accepting this contract, the BUYER agrees in advance that if he/she approves the order subject to the contract, he/she will be obliged to pay the price subject to the order and additional fees such as shipping fees, taxes, if any, and that he/she has been informed in this regard.
2.DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall mean the written explanations opposite them.
MINISTER The Minister of Customs and Trade,
MINISTRY Ministry of Customs and Trade,
LAW Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: The subject matter of any consumer transaction other than the provision of goods that are made or undertaken to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on account of the seller,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDER GIVER: A natural or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic media.
TOPIC 3
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically through the SELLER's website.
The prices listed and advertised on the site are the selling price. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. VENDOR INFORMATION
Name Title
Address
Phone
Fax
Email
5. BUYER INFORMATION
Person to be delivered to
Delivery Address
Phone
Fax
Email/username
6. INFORMATION OF THE PERSON PLACING THE ORDER
Name/Surname/Title
Address
Phone
Fax
Email/username
7. PRODUCT(S) SUBJECT TO THE CONTRACT
1. The basic features (type, quantity, brand / model, color, quantity) of the Goods / Products / Products / Service are published on the website of the SELLER. If a campaign is organized by the Seller, you can review the basic features of the relevant product during the campaign. Valid until the date of the campaign.
7.2. The prices listed and advertised on the website are sales prices. The advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
(KDV Included)
Shipping Amount
Total:
Payment Method and Plan
Delivery Address
Person to be delivered to
Invoice Address
Order Date
Delivery date
Delivery method
7.4. The shipping fee, which is the cost of product shipment, shall be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Addresr
Phone
Fax
Email/username
Invoice delivery: Invoice is delivered together with the order to the invoice address during order delivery.
will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery on the website of the SELLER and that he / she has given the necessary confirmation electronically. BUYER's; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, the address that must be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information also accepts, declares and undertakes that it has obtained the correct and complete information.
9.2. Each product subject to the contract is delivered to the BUYER or the person and / or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's settlement, provided that it does not exceed the 30-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and, if any, with warranty documents, user manuals, information and documents required by the work, to perform the work in accordance with the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit consent before the expiration of the performance obligation arising from the contract.
9.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill its obligations under the contract in the event that it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation, and will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he / she will confirm this Agreement electronically for the delivery of the product subject to the Contract, and if for any reason the price of the product subject to the contract is not paid and / or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will cease.
9.7. The BUYER accepts, declares and undertakes that if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person and / or organization at the address indicated by the BUYER, the BUYER shall return the product subject to the contract to the SELLER within 3 days at the SELLER's expense.
9.8. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within the period due to force majeure events such as the occurrence of force majeure events that develop outside the will of the parties, unforeseen in advance and preventing and / or delaying the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery period until the preventive situation is eliminated. If the order is canceled by the BUYER, the product amount is paid to the BUYER in cash and in cash within 14 days for payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount to the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.
9.10. The BUYER shall inspect the goods / services subject to the contract before receiving it; dents, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The goods / services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods / service after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods / service should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided by the BUYER while registering on the SELLER's website is true and correct, and that it will compensate the SELLER for all damages it may suffer due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. BUYER cannot use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, members cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9.15. Links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are placed for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract shall be personally responsible for this violation in legal and criminal terms and shall hold the SELLER harmless from the legal and criminal consequences of these violations. In addition; in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership contract.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is related to the sale of goods, the BUYER may use the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. In case of exercising this right,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases due to a reason caused by the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, single-use products, goods that are prepared at the request of the BUYER or clearly in line with their personal needs and are not suitable for return, goods that are in danger of rapid deterioration or whose expiration date is likely to pass, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables if the packaging is opened by the BUYER. In addition, it is not possible to use the right of withdrawal regarding services whose performance has started with the consumer's approval before the expiration of the right of withdrawal period, according to the Regulation.
In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, undamaged and unused.
12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the payment is made by credit card and the BUYER goes into default, the cardholder will pay interest within the framework of the credit card agreement between the bank and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER goes into default due to his debt, the BUYER accepts, declares and undertakes that he will pay the loss and damage suffered by the SELLER due to the delayed payment of the debt.
13. COMPETENT COURT
Complaints and objections in disputes arising from this contract shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the following law. Information regarding the monetary limit is below:
Effective as of 28/05/2014:
a) In case of disputes with a value below 2,000.00 (two thousand) TL, in accordance with Article 68 of the Consumer Protection Law No. 6502, to the district consumer arbitration committees,
b) For disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.
SALER: MSS Grup Kimya Temizlik Medikal Makine İnşaat Gıda Bilgisayar Tekstil Sanayi ve Dış Tic. Ltd. Şti.
BUYER:
DATE:
