DISTANCE SALE CONTRACT
SELLER
TITLE: MYGA KHARİTES TEXTILE INDUSTRY AND TRADE LIMITED COMPANY
Address: Hürriyet Mahallesi 158. Sok No:1 Güneşli Bağcılar/İstanbul
Phone: 444 64 30
E-Mail: [email protected]
SUBJECT
The subject of this Distance Sale Contract is the regulation of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of shirts, t-shirts, socks and similar textile products offered for sale on the www.mygakharitees.com website belonging to the SELLER.
The BUYER accepts, declares and undertakes that he/she has read and understood the preliminary information on the contractual product features, “right of withdrawal” and how to use this right, sales price, payment method and delivery of the products subject to the order on the www.mygakharites.com website, and that he/she has been informed by the SELLER in accordance with the internet environment, that he/she has confirmed this preliminary information electronically and then placed the order.
ORDER, PAYMENT AND DELIVERY INFORMATION
The information on the features (color, size, cut, quantity) and sales price of the products ordered by the BUYER are given below as approved by the BUYER.
The purchased products will be delivered to the BUYER’s address specified above through HEPSİJET Cargo Company or MNG Cargo Company. The cargo fee is added to the total order amount.
The SELLER has the right not to reflect a part or all of the cargo fee to the BUYER’s total order amount with the sales campaigns it will organize. However, the shipping fee that will occur due to the resending of the products due to the failure of the BUYER and/or the persons authorized to receive the products will be paid by the BUYER.
The delivery of the products will be made only to the BUYER or the person or persons authorized to receive the products by the BUYER in this Agreement. During the delivery, the persons authorized to receive the products will be able to receive the products only if they present their official IDs. If the product subject to the Agreement will be delivered to a person or persons other than the BUYER, the SELLER cannot be held responsible for the person or persons to whom the delivery will be made not accepting the delivery.
If the invoice address specified by the BUYER is different, the BUYER accepts, declares and undertakes to pay an additional shipping fee for the delivery of the invoice to the relevant address.
GENERAL PROVISIONS
1. The BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the features, sales price, payment method and delivery of the products subject to the contract on the www.mygakharites.com website, that he/she is informed and that he/she has given the necessary approval for purchasing electronically.
2. The product or products subject to the Distance Sales Contract will be delivered to the BUYER or the person or persons authorized to receive the products at the address he/she indicates, depending on the distance of the BUYER's place of residence, within this 30 (thirty) day period, provided that it does not exceed the legal 30 (thirty) day period following the delivery of the order to the SELLER and the payment of the product prices.
3. The Customer will place an order by selecting the quantity, color and other detailed information of the products he/she wants to purchase from the SELLER's website.
4. The SELLER has the discretion to evaluate or not to evaluate order requests that do not contain the necessary and sufficient information for the delivery of the order.
5. If the SELLER accepts to deliver the products ordered by the customer, the SELLER will send an Order Confirmation Form to the customer after the order is completed. The Order Confirmation Form also indicates the delivery time of the ordered products to the customer by the SELLER.
6. The SELLER has the right to stop the orders of some products offered for sale and/or cancel the order due to internal supply or production problems that may arise. In this case, the customer will be informed immediately. The customer has no right to claim any compensation other than the paid product prices for orders that cannot be delivered for these reasons.
7. The SELLER is fully responsible for the delivery of the products subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
8. The BUYER will inspect the product/products before receiving them; damaged and defective products such as crushed, broken, torn packaging, etc. will not be received from the cargo company. If the BUYER notices any damage or defects that could not be noticed when the product was received from the cargo company after delivery, the BUYER will immediately inform the SELLER of the situation through the contact information in the contract.
9. The BUYER is responsible for checking the products subject to the contract upon receipt and, if he/she sees a problem with the products caused by the cargo, not accepting the product/products and having a report drawn up by the cargo company official.
10. The defect notification periods valid for the BUYER who is not a consumer are 2 (two) days for obvious defects and 8 (eight) days after delivery for non-obvious defects, as per Article 23, Paragraph 1, Clause “c” of the Turkish Commercial Code No. 6102.
11. For the delivery of the products subject to the contract, it is required that this distance sales contract and the preliminary information form have been confirmed electronically and that the price of the products has been paid with the payment method preferred by the BUYER. If the price of the products is not paid for any reason or is canceled in the bank records, the products will not be sent to the BUYER. 12. If the BUYER resides outside the borders of the Republic of Turkey and/or the address to which the products will be delivered is outside the borders of the Republic of Turkey, he/she accepts, declares and undertakes that he/she will be responsible for all kinds of customs duties, fees and other financial liabilities that will be accrued in accordance with the laws, regulations and relevant legal arrangements of the country where he/she resides and/or where the products will be delivered due to the purchase of the products in question, and that he/she will immediately and in kind make all payments that will be requested for the delivery of the products.
13. If the BUYER's address is outside the distribution area of the SELLER's contracted cargo company, the BUYER accepts, declares and undertakes in advance to pay all expenses and fees that will be requested for the delivery of the product/products, or to personally receive the product/products in question from the relevant branch of the SELLER's contracted cargo company by the buyer/recipients stated in this distance sales contract and preliminary information form. The BUYER will be informed about this situation in advance by the SELLER's contracted cargo company, and the BUYER may withdraw from the contract if he/she wishes.
14. The SELLER cannot be held responsible for instant or continuous changes that may arise from technological equipment, servers and processors in the prices on the SELLER's website that are contrary to the truth. In the event of such a dispute, the SELLER's records shall prevail.
15. All rights under the Industrial Property Law No. 6769 on the source code, data code, software and database within the system and their improved versions and the brands, patents and designs of the products sold on the website and the visuals displayed, including but not limited to these, belong exclusively to the SELLER without any restrictions on location, duration, content, medium and number. It cannot be copied without the express written consent of the SELLER, it cannot be processed or reverse engineered in whole or in part; it cannot be reproduced directly or indirectly in whole or in part from its original and/or processed form; it cannot be disseminated in any form or method; it cannot be utilized directly or by means of representation in public places with means for transmitting signs, sounds or images; it cannot be used in digital environments and/or mobile means, it cannot be communicated to the public and it cannot be made accessible to third parties. It cannot be recorded on means for transmitting data known at the date of the Contract and to be produced with the technical possibilities to be developed after the date of the Contract; It cannot be used in any kind of audiovisual work and cannot be transmitted to the public, exhibited, modified, adapted or translated by means of methods known at the date of the Contract or to be developed in the future, by means of means for signal-sound and/or image transmission or by means of re-publication.
RIGHT OF WITHDRAWAL
16. The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the delivery of the products subject to this preliminary information form to him/her or to the person/organization at the address he/she indicated or from the date the contract was signed, without giving any reason and without paying any penalty.
17. This period starts from the day the consumer receives the goods.
18. In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing through the contact information detailed below, provided that the product/products have been used in accordance with their operation, technical specifications and instructions for use within this period.
19. The BUYER must send the product back to the SELLER within ten (10) days from the date of sending the notification to the SELLER regarding the use of the right of withdrawal.
20. **IN RETURN AND EXCHANGE REQUESTS, THE SHIPPING FEE IS BELONG TO THE CUSTOMER.
THE PRODUCT TO BE RETURNED OR EXCHANGED MUST BE SHIPPED TO OUR ADDRESS ON OUR WEBSITE WITHIN 14 WORKING DAYS AT THE LAST.
**Counter-paid return and exchange cargoes will not be accepted.
Products to be returned or exchanged must be sent in their original packaging. Products not sent in their original packaging are considered used and will not be accepted for return or exchange. The order number, order name information and request must be added to the cargo package of the products to be returned or exchanged.
TITLE: MYGA KHARİTES TEXTILE INDUSTRY AND TRADE LIMITED COMPANY
Address: Hürriyet Mahallesi 158. Sok No:1 Güneşli Bağcılar/İstanbul
Phone: 444 64 30
E-Mail: [email protected]
FORCE MAJEURE
Force Majeure means unforeseeable and irresistible events without the fault, fault or negligence of the aggrieved party. In the event of force majeure, the aggrieved party shall immediately notify the other party, make all necessary efforts to eliminate the reason for the failure to perform the performance, and the other party shall perform all of its obligations as soon as this reason is eliminated, in order to be exempt from its contractual obligations until this reason is eliminated.
If the force majeure exceeds 30 (thirty) days, either party may terminate the Agreement unilaterally and without the obligation to pay compensation.
APPLICABLE LAW AND AUTHORIZED COURT
In disputes arising from the implementation of this distance sales contract, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services or where the BUYER resides are authorized within the monetary limits declared every year by the Ministry of Customs and Trade of the Republic of Turkey.
Turkish Law will be applied in resolving disputes arising from this contract or its implementation and Antalya courts and Enforcement Offices will have jurisdiction.