DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
A.'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME : MAT KOZMETIK TEKS.ELEK.VE SAĞ.GER.SAN.TİC.LTD.ŞTİ.
ADDRESS: MAHMUTBEY MAH. 2428.SOKAK NO:55 - BAĞCILAR - ISTANBUL
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that he has been informed about this.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall refer to the written explanations against them.
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
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 of the SELLER,
ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
MAL: It refers to the movable goods subject to shopping.
3. SUBJECT
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, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER.
The prices listed and announced on the site are the sales price. The announced 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. SELLER INFORMATION
Title: MAT KOZMETIK TEKS.ELEK.VE SAĞ.GER.SAN.TİC.LTD.ŞTİ.
Address: MAHMUTBEY MAH. 2428.SOKAK NO:55 - BAĞCILAR - ISTANBUL
Phone: +90 212 659 56 20
Fax +90 212 659 56 20
Email: bilgi@esterella.com.tr
5. BUYER INFORMATION
CUSTOMER
6. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
6.1. The basic features (type, quantity, brand/model, color, number) of the goods are published on the website of the SELLER. If the campaign is organized by the seller, you can review the basic features of the relevant product during the campaign. Valid until the campaign date.
6.2. The prices listed and announced on the site are the sales price. The announced 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. GENERAL PROVISIONS
7.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; It accepts, declares and undertakes to confirm the Preliminary Information in electronic environment, to obtain the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
7.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
7.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, and the information and documents required by the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to act with caution and foresight, to protect and increase the quality of service, to show the necessary care and attention during the performance of the work.
7.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
7.5. The SELLER accepts, declares and undertakes that if 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.
7.6. 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 in case the contract product price is not paid and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the contract product will end.
7.7. The SELLER accepts, declares and undertakes that if it cannot deliver the product subject to the contract within the period due to force majeure situations such as the occurrence of circumstances that are beyond the will of the parties, unpredictable and prevent and / or delay the fulfillment of the obligations of the parties, it will notify the BUYER of the situation. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash or as a credit card refund within 14 days in the 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 may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank, and since the reflection of this amount to the BUYER's accounts after the return of this amount to the bank is entirely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. accepts, declares and undertakes that it cannot be held responsible.
7.8. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, telephone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
7.9. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
7.10. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER.
7.11. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal obligations to arise will bind the BUYER completely and exclusively.
8 RIGHT OF WITHDRAWAL
8.1. RECEIVER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 7 (seven) days from the date of delivery, on the condition of notifying the SELLER, without assuming any legal and criminal responsibility and without giving any reason, he can use his right to withdraw from the contract by rejecting the goods. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
8.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 7 (seven) days and the product has not been used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The 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 receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
9. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, which are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return, shall be packaged by the BUYER after delivery to the BUYER. In accordance with the Regulation, it is not possible to return products that are unsuitable for health and hygiene if opened, products that are mixed with other products after delivery and cannot be separated due to their nature.
In order for cosmetics and personal care products to be returned, their packaging must be unopened, untested, intact and unused.
10. COMPETENT COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, will be made to the arbitral tribunal or the consumer court.
This Agreement is made for commercial purposes.
11. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER: MAT KOZMETIK TEKS.ELEK VE SAĞ.GER.SAN.TİC.LTD.ŞTİ
BUYER: CUSTOMER