Distance Sales Contract

Article 1 - Parties Of Contract

 

Seller :

 

Moda Vitrini Elektronik Hizmetler ve Ticaret Ltd. Şti.
Adres: Gaziosmanpaşa Bulvarı No: 58 Konak/İZMİR
Telefon: 0850 811 71 70
Email: info@modavitrini.com

 

 

Buyer :

Customer

 

Article 2 : The Subject Of The Contract

 

The subject of this contract is the Law on the Protection of the Consumer Protection No. 6502 and the Distance Regulation of Contracts  29188 in relation to the sale and delivery of the goods or services specified in the contract and the sale and delivery of the goods or services specified in the contract, in which the buyer has ordered electronically from the website www.modavitrini.com determine the rights and obligations of the parties in accordance with the provisions. The pre-information and invoice on the payment page at www.modavitrini.com are integral parts of this contract.

 

Article 3 : Date of Contract

 

These two copies of the contract, which have been signed by the seller, have been signed by the purchaser on the date of acceptance.

 

Article 4 : Delivery of the Goods or Services, Place of Delivery and Delivery Method of the Contract

 

The goods or services will be delivered to .... at the .... (address)

 

Article 5 : Delivery Costs and Execution Delivery costs are the responsibility of the buyer. If the seller declares on the website that the shoppers declare that the delivery price will be covered by the delivery price itself or free delivery within the campaign, the delivery cost belongs to the seller. Delivery; it is made as soon as possible after the stock is available and the price of the goods is transferred to the seller's account. The seller shall deliver the goods or services within 30 (thirty) days after the order of the goods or services, and reserves the right to extend the additional period of ten (ten) days in writing by written notice. If for any reason the cost of goods or services is not paid or canceled in the bank records, the seller shall be deemed to have been liberated from the obligation to deliver the goods or services.  Article 6 : Cash On Delivery Cash On Delivery service provided by the shipping company, it does not related with the seller. For this service, the shipping company charges 7 TL.  This service cost belongs to the shipping company. In case of returning, this cost can not be refunded. Article 7 - Buyer's Declarations and Commitments The Buyer declares that he / she reads and knows the preliminary information uploaded by the seller in relation to the basic qualifications, sales price and form of payment, delivery and cargo price of the contracted goods or services on the website and gives the necessary confirmation online. Buyer confirms this contract information form, the address of the goods or services that are to be given to the buyer by the seller prior to the conclusion of the distance contracts, the price including the taxes of the goods or services, the price of payment and delivery and the delivery price information has confirmed that it has acquired it completely. The buyer, without having inspect the goods or services subject to the contract before receiving; broken, torn packaging etc. If the goods and services are damaged and defective, the shipping company is responsible for the delivery. The products received by the buyer from the cargo company official will be considered undamaged and intact. The responsibility for the goods or services and the damages after the delivery belong to the buyer. In case the bank or the financial institution does not pay the goods or services to the seller due to unauthorized or unlawful use of the credit card of the buyer after the delivery of the goods or services by unauthorized persons not caused by the fault of the buyer, the goods or services shall be provided 3 (three) is obliged to return to the seller within days. In this case, the delivery costs belong to the buyer. Buyer acknowledges and declares that the product manufacturer shall be solely responsible for all claims and shall not hold the seller responsible for the goods which are delivered to the seller by the seller due to promotion or campaign. Article 8 - Seller's Declarations and Commitments The seller is responsible for delivering the goods or services subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order and with the warranty documents and user manuals, if any. The seller cannot be held liable if the goods or services subject to the contract are to be delivered to a person or organization other than the buyer. The seller will be return the cost of goods or important documents (if there's any) within 14 (fourteen) days after. For justified reasons, the seller may supply goods and services at an equal quality and price to the buyer before the expiration of the contract. If the seller believes that supplying the  goods or services becomes impossible, the seller shall inform the buyer before the expiration of the contract. The price paid and the documents, if any, are returned within 14 (fourteen) days.  The goods or services which are defective or damaged from the goods or services sold or not with the guarantee certificate may be sent to the seller for the necessary repair within the warranty conditions, in which case the delivery expenses shall be borne by the seller. Article 9 - Characteristics of the Goods or Services Subject to the Contract

 

The sales price including the type, quantity, brand or model, color and all taxes of the goods or services are as stated on the invoice which is an integral part of this contract.

 

Article 10 - Cash Price of Goods or Services

 

The cash price of the goods or the service is available at the end of the order, including the sample invoice and the invoice sent to the customer along with the product.

 

Article 11 – Forward Price

 

Depending on the forward price of the product, the price will be in the invoice content sent to the customer along with the sample invoice and product sent to the end of the order mail.

 

Article 12 – Interest

 

Each year the interest rate set by the Government of the Republic of Turkey. It can not be more than 30%. Buyer is solely responsible for the bank in which it works.

 

Article 13 - Payment Scheme 

 

In case the buyer purchases a credit card and installments, the installment form selected from the website is valid. In the installment procedures, the relevant provisions of the contract signed between the buyer and the cardholder bank shall apply. The credit card payment date is determined by the contractual provisions between the bank and the buyer. The buyer can also track the number of installments and payments in the bank statement submitted by the bank. The buyer is solely responsible for the payment, against the recipient bank.

 

Article 14 – Right of Withdrawal

 

The Buyer may return the goods or services purchased by the right of withdrawal within 14 (fourteen) days from the date of delivery without taking any legal and criminal responsibility and without giving any justification. 

 

In case of right of withdrawal:

 

1. The buyer sends the goods back to the seller within 10 (ten) days of using the right of withdrawal.
2. If the goods are to be returned under the right of withdrawal, the packaging, if any, the standard accessories, if any other products with the goods must be returned as complete and undamaged. When the goods are returned to the seller, the original invoice which has been submitted to the buyer during the delivery of the goods must be returned by the buyer. If the original invoice is not sent, VAT and other legal obligations cannot be returned.
3. Within 14 (fourteen) days of the exercise of the right of withdrawal, the cost of the goods shall be returned to the buyer as the buyer pays.

 

 

The buyer sends the goods to the seller with the seller's contract cargo company and the return shipping cost belongs to the buyer. The seller shall not be liable for the return shipping cost and damage to the goods during the shipping process if the seller sends the goods to be returned by a shipping company other than the our contracted shipping  company. If the right of withdrawal is used after the order confirmation, the buyer will be responsible for the return shipping fee.

 

Article 15 - Cases Where The Right of Withdrawal Cannot Be Used

 

The right of withdrawal cannot be used in the following cases:

 

1. In the contracts relating to goods or services whose price varies depending on the fluctuations in the financial markets and which are not under the control of the seller,
2. Contracts for the delivery of goods which are prepared in accordance with the consumer's wishes or clearly his personal needs, which are not suitable for being repatriated and whose risk of rapid deterioration or the possibility of passing the expiration date,
3. After delivery; protective materials such as packaging, tape, seal, package; contracts for the delivery of those who are unsuitable in terms of health and hygiene,
4. In the contracts relating to goods that are mixed with other products after delivery and which cannot be separated by nature,
5. Contracts relating to books, audio or video recordings, software programs and computer supplies provided by the consumer in material environment provided that the protective elements such as packaging, tape, seal and package have been opened,
6. Contracts regarding the performance of betting and lottery related services,
7. Before the expiration of the right of withdrawal, contracts with respect to services commenced with the approval of the consumer,
8. In the case of contracts related to the real estate delivered immediately to the consumer with the services rendered instantly in electronic environment and if the goods subject to the contract or to the legal relationship between the buyer and seller are composed of the types of goods or services excluded from the scope of the Distance Contracts Regulation, the right will not be used.

 

Article 16 - Default and Legal Results

 

In the event that the buyer defaults on his / her credit card transactions, the cardholder shall pay interest in the credit card contract with the bank and be liable to the bank. In this case, the bank may apply for legal remedies; In the event that the buyer has a default due to the debtor's debts, the buyer agrees to pay the damages and losses incurred by the seller due to the delayed performance of the debt.

 

Article 17 - Settlement of Disputes

 

In the application of this Distance Sale Contract, Consumer Arbitration Committees and Consumer Courts at the place where the buyer buys the goods or services until the value declared by the Ministry of Industry and Trade and where the residence is located is authorized. Law No. 6502 on Consumer Protection, 68th. District / provincial consumer arbitration committees are authorized for consumer demands in accordance with the lower and upper limits specified in paragraph 1 of the Article.

 

Article 18 - Notifications and Evidence Contract

 

Any correspondence between the parties under this contract shall be made by e-mail except for the compulsory cases mentioned in the legislation. The Buyer acknowledges that the electronic information and computer records kept by the vendor in their database and servers with their official books and commercial records in case of disputes arising from this agreement shall constitute binding and definite evidence, and that this article is an evidence agreement in the sense of Article 193 of the Code of Civil Procedure. declares and undertakes.

 

This contract, consisting of 18 (eighteen) articles, has been read by the parties and entered

into force upon approval by da / ... / 20, on electronic medium