Distant Sales Agreement and Withdrawal Certificate
ARTICLE 1) PARTIES
This Agreement has been signed between the following parties below within the framework of the terms and conditions stated below.
DİMBA İÇ VE DIŞ TİCARET ANONİM ŞİRKETİ
Central Registration System No:
Yeni Mahalle Mah. Galeri Cad. No: 10/1 Küçükköy / Gaziosmanpaşa / İstanbul
IBAN (TRY) TR32 0006 2000 6650 0006 2984 25
IBAN (TRY) TR52 0004 6013 6288 8000 0193 74
IBAN (USD) TR73 0004 6013 6200 1000 0193 75
IBAN (EUR) TR23 0004 6013 6203 6000 0193 76
Name - Surname:
'BUYER'; (hereinafter referred to as "BUYER")
'SELLER'; (hereinafter referred to as "SELLER")
ARTICLE 2)SUBJECT OF THE CONTRACT
This Distant Sales Agreement (''Contract'') is regulated in accordance with Consumer Protection Law and the Regulation on Distant Sales Contracts. The parties to this Agreement hereby declare and acknowledge that they know and understand the obligations and responsibilities arising from the Consumer Protection Law and the Regulation on Distant Sales Contracts.
The subject of this contract is the determination of the rights and obligations of parties pursuant to Consumer Protection Law and Regulation on Distant Sales Contracts concerning the sale and delivery of the commodities/services with qualities specified in the contract electronically ordered by the Buyer aimed at buying the products belonging to the Seller through www.macchinga.com or field names affiliated with the presented service (''Website'').
The conclusion of this contract will not prevent the conduction of the articles of website membership contracts parties contracted separately from each other through Macchinga and parties acknowledge and declare that Macchinga is not a side in the sale of products subject to this contract and he/she does not have any responsibility or guarantee concerning the conduction of obligations by parties within the scope of the Contract.
ARTICLE 3) BASIC CHARACTERISTICS AND PRICES OF CONTRACT COMMODITIES
Kinds and types, amount, brand/model, color and sale price and delivery information of product(s) including taxes are as follows:
Payment method and plan: Through online virtual POS application ......With credit card of .......... Bank ....... month(s).......(in words...................................) TL / USD / GBP monthly payment /in advance ........... TL / USD / GBP payment
Delay interest received: .......
The interest rate used in the delay interest calculation:% ...
Shipment will commence within (1) working days following the order. Shipment will be completed within (2 - 5) working days .
Individuals for Delivery:
ARTICLE 4) DELIVERY OF GOODS AND TYPE OF DELIVERY
The Contract has come into force by recognition by the Buyer, it is regarded as performed through the delivery of Goods/Services the Buyer has bought from the Seller to the Buyer. The Goods/services will be delivered to the individual(s) at the address specified in the order form and in this contract by the Buyer.
ARTICLE 5) DELIVERY COSTS AND PERFORMANCE
The delivery costs of the Goods / Services belong to the Buyer. If the Seller declares in his website that the delivery expenses will be met by him/her, the delivery costs will be met by the Seller. The delivery of the goods is realized in the guaranteed period after the stock of the Seller is appropriate and the realization of payment. The Seller will deliver the Goods / Service within 7 (seven) days from the date of ordering the Goods / Services by Buyer and reserves the right to extend the additional period of ten (ten) days in writing. If the Goods / Services are not paid by the Buyer for any reason or the payment is canceled in the bank records, the Seller shall be deemed to have been liberated from the delivery of the Goods / Services.
ARTICLE 6)REPRESENTATIONS AND WARRANTIES OF THE PURCHASER
The Buyer declares that he/she has read the essential qualities, the marketing price and the method of payment of the goods subject to the contract in the website and the prior knowledge loaded by the Seller regarding delivery and that he/she has given the required approval. Buyers can communicate their demands and complaints as Consumers through channels above Seller contact information provides.
Through confirming this Contract and Prior Knowledge Form in the elctronic environment, the Buyer confirms that he/she has acquired the address to be given by the Seller to the consumer before the execution of distance contracts, essential qualities of goods ordered, price of goods including taxes, payment and delivery information correctly and wholly.
The Buyer has to examine the Goods/Service subject to the Contract before receiving it, in case he/she receives the defective Goods/Service damaged, broken, with package torn,etc. from the courier company, it is wholly his/her responsibility. The Goods / Services received by the Buyer from the courier company official will be deemed to be undamaged and intact. After the delivery, the responsibility of the Goods / Services and damages belong to the Buyer. In case the relevant bank or financial institution does not pay the price of the goods/service due to the fact that the credit card belonging to the Buyer has been used unjustly and unlawfully by unauthorized persons in a way that this mistake does not source from the Buyer after the delivery of the Goods/Service, the Buyer is obligated to return the Goods/Service to the Seller within 14(fourteen) days provided that the Goods/Service has been handed over to the Buyer. In this case, the delivery expenses belong to the Buyer.
ARTICLE 7) REPRESENTATIONS AND WARRANTIES OF THE SELLER
The Seller is obligated to deliver the Goods/Service subject to the Contract in accordance with Consumer Legislation, intact, in full, appropriate to qualities specified in the order and with warranties and manuals, if available. In the event that the Seller cannot deliver the goods subject to the contract in time due to compelling reasons or extraordinary situations preventing transportation, he/she is obligated to let the Buyer know the situation as soon as possible. In the case that the Goods/Service subject to the Contract is to be delivered to another individual than the Buyer, the Seller cannot be held responsible in the event that the individual to be made the delivery to does not accept the delivery.
ARTICLE 8) RIGHT OF WITHDRAWAL
The Seller guarantees that the Buyer has the right to reject the goods or the service within 14(fourteen) days from the date of the delivery or the signature of the contract without undertaking any penal or legal responsibility and without showing any reason and to withdraw from the contract and that the Seller will take the goods back from the date of the arrival of the withdrawal declaration to the Seller. The declaration of withdrawal right and similar declarations regarding the contract belong to the seller and they may be sent through the seller contact information channel specified above.
For the purpose of using the right of withdrawal, it is obligated to make a declaration to the Seller within this period in accordance with the legislation provisions. In case of using the right of withdrawal:
- The return of the goods delivered to the Buyer or to the third party with the above information is obligatory.
- The goods that will be returned within a period of 14 (fourteen) days will be delivered complete and undamaged along with their boxes, packages, standard accessories if available, other products presented along with the original goods if available. Within 10(ten) days following the use of the right of withdrawal and the arrival of information, the price of the goods is returned to the Buyer in the way that the Buyer made the payment. While the goods are returned to the Seller, the original invoice sent to the Buyer during delivery must also be returned. Return shipping cost belongs to the Seller. The return part of the invoice to be returned together with the goods is to be filled in and to be returned by the Buyer after signing it.
Pursuant to distant sales contract, our customers have the right to withdraw within 14 days in purchase procedures carried out on the website. Goods altered or ordered as special orders( goods with changed dimensional sizes, with special writings on them due to wishes of our customers) cannot be returned. The goods to be returned must be completely undamaged and unused. Products that have been scratched, damaged or physically modified in any way or whose structure and texture have deteriorated are definitely not returned. After the product has been inspected by our experts, the return process is initiated if no damage or deterioration is detected. For the procedures of return and exchange, the order number and the demand for return/exchange must be sent to info@Macchinga.com e-mail address with its reason or a notification form must be sent through Müşteri Hizmetleri button. Procedures to be followed in the case of the realization of exchange and return conditions are only carried out for the goods purchased on the online store (the website). The packages, certificate, label and invoice,promotions, if available, of the product to be returned must be sent together with the product.
ARTICLE 9) CIRCUMSTANCES OF NOT BEING ABLE TO USE THE RIGHT OF WITHDRAWAL
The right of withdrawal can not be used in the following cases:
a) Contracts relating to goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the seller or the supplier.
b) Contracts relating to goods prepared in accordance with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods which may be quickly destroyed or expired.
ç) Contracts regarding the delivery of goods with protective elements such as packages, tapes, seals, wrappings opened after delivery; the ones with return not appropriate to health and hygiene.
d) Contracts relating to goods which are mixed with other products after delivery and cannot be separated by their nature.
e)Contracts relating to books, digital content and computer consumables presented in the material atmosphere in the event that protective elements such as packages, tapes, seals, wrappings are opened after the delivery.
f) Contracts for the delivery of periodicals, such as newspapers and journals, except those provided under the subscription agreement.
g) Contracts relating to accommodation, transportation of goods, car rental, supply of food and beverages and leisure activities aimed for entertainment or rest to be carried out on a particular date or in a particular period.
ğ) Contracts relating to services carried out in the electronic environment or intangible goods instantaneously delivered to the customer.
h) Contracts with respect to services commenced with the approval of the consumer before the expiry of the right of withdrawal.
ARTICLE 10) RESOLUTION OF DISPUTES
Consumers can apply to Arbitration Committee for Consumer Problems located where they purchased the product or where their residence is, if they have a problem with the Seller, in case the Seller cannot solve the problem, for complaints and objections with respect to transactions with the product price of up to 1.161,67 TRY; they can apply to Consumer Court in the area where they purchased the product or where their residence is, for complaints and objections relating to transactions with the product value of over 1.161,67 TRY.
In the subclause 3 of the article 5 of the Regulation of Arbitration Committee for Consumer Problems dated 01.08.2003 published in the Official Gazette no. 25186 the lowest monetary limit regarding the authorization of provincial arbitration boards active in provinces with the status of metropolis for dealing with disputes is 3.032,65 TRY.
ARTICLE 11) PRICE OF GOODS / SERVICE
The cash-price or forward price of the product/service is in the order form, and it is the price in the sample invoice emailed after an order and inside the invoice sent to the customer with the product. Dimba İç ve Dış Ticaret A.Ş. Discounts, coupons and other similar things by the company are reflected in the sales price.
ARTICLE 12 )DEFAULT INTEREST AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on transactions carried out by credit card, he/she will pay interest and will be responsible to the bank within the scope of the credit card contract signed with the bank that is the owner of the card. In this case, the relevant bank may take legal action; may demand arising expenses and counsel fee from the Buyer and at all costs, in case the Buyer defaults on his/her debt, the Buyer agrees to pay the damages of the Seller arising from the delayed payment of the debt.
ARTICLE 13) NOTIFICATIONS AND EVIDENTIAL CONTRACT
Any correspondence between the Parties under this Agreement shall be made by e-mail except for the compulsory cases specified in the Law. The Buyer accepts, declares and guarantees that in disputes likely to arise from this Contract, official books and commercial records of the Seller and Dimba İç ve Dış Ticaret A.Ş., electronic information and computer records held in their own databases and servers constitute binding, concrete and exclusive evidence, that this article is of the quality of an evidential contract within the framework of article 193 of Code of Civil Procedure.
ARTICLE 14 - ENTRY INTO FORCE
(14)This agreement consisting of 14 articles were read by both parties, confirmed by the buyer in the electronic environment and signed and is under effect.