Sales Agrement
E- COMMERCE ( ONLINE ) SALES AGREEMENT
1- PARTIES:
SELLER:
Company Name: Severin Taki Tasarim – Samiye Sever Ayarcı
Region Address: TURKIYE - MARMARIS.
( Selimiye Region Hanimpinar Kume Houses No: 87/A)
VK no: 7150093787
Mobile: +90 5306403490
E-mail: sev.ayarci@gmail.com
Manager: Melike Simay Öztürk
Mobile: +90 5383311506
Contact e-mail: me.likecompany@gmail.com
CONSUMER / BUYER / USER
All individuals who read and accept this sales contract online and become a member of our online site will be referred to as consumer (buyer or user). Institutions and/or private and commercial companies cannot become members of this e-commerce site. They cannot buy wholesale.
2. SUBJECT OF THE CONTRACT:
2.A
This Contract is hereby issued pursuant to effectuated provisions of the Act Nr 6502 on Consumer Protection and the Regulation on Distance Sales Agreements as published in the Official Gazette Nr 29188 dated 27 November 2014.
2.B
The Parties to this Agreement confirm that they have read, understood and accepted their mutual rights and obligations in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts.
3. PROVISIONS (general):
3.A
BUYER and SELLER are parties to this Agreement, and the obligations and responsibilities of this contract belong to the buyer and seller. This Agreement will be valid on the date confirmed by the Buyer electronically.
3.B
BUYER declares that he/she has read and accepted the Product and its basic features, sales price, payment method and other preliminary information including delivery information in Article 3. confirmed this information electronically.
3.C
SELLER is responsible for packaging the product in accordance with the specifications specified in the order and delivering it completely and intact.
3.D
If the products selected by the buyer will be delivered to the address and/or persons declared by the buyer; The SELLER cannot be held responsible if the delivery of the product(s) becomes impossible due to the delivery not being accepted by the SELLER.
3.E
The Products subject to the Contract shall be delivered to the BUYER’s delivery address indicated by Article 3 via courier. Even if the recipient will not be present at the delivery time, the SELLER will be deemed as it has performed its obligations hereunder fully and completely.
3.F
The SELLER shall be released of its obligations hereunder in the event of non-payment of the price of the Products or any payment will be cancelled from the bank records for any reason whatsoever.
3.G
Under the condition as stated by Article 3.F any and all losses and damages due to the late receipt of the Product by the BUYER, any delay in the delivery thereof attributable to the cargo company and/ or the return of the Product to the SELLER shall be solely incurred by the Buyer.
3.H
Shipping fee for Türkiye is paid by the seller.
Shipping charges for other countries/regions are the buyer's responsibility. At the time of purchase, the buyer pays online.
3.I
If the relevant bank or financing institution will not pay the price of the Products to the SELLER due to any unfair or illegal use of the credit cards provided such use will not be due to the faults of the BUYER after the delivery of the Products, the BUYER shall return the Product delivered to him/her to the SELLER within 3 days. The cargo fees related to such return shall be borne by the BUYER.
3.J
Based on the fact that the term sales may be conducted only through credit cards issued by the banks; the BUYER agrees, declares and undertakes that it shall confirm the information related to the interest rates and delay interests with the bank separately.
3.K
The BUYER agrees, declares and undertakes that the provision on the interest payments and delay interests shall apply pursuant to the credit card contract between the Bank and the BUYER.
3.L
If the BUYER will use its cancellation right, or if the Product subject to the Contract may not be supplied for any reason whatsoever or if it will be decided by the arbitration committee to return the price of the order to the Consumer, the return procedure of the amount to the credit card shall be as following:
L.1
The Bank may perform the return in instalments in line with the number of instalments the Buyer preferred in the payment. After the payment of the Product price by the Seller to the Bank in one single amount; the Bank, for the return of the instalments to the credit card of the Buyer, may transfer the returned amount to the account in instalments in order to avoid any problem to any of the parties involved in the transaction.
L.2
In the event of return of the goods and services paid through a credit card, the Seller may not return the collected amount in cash to the Buyer pursuant to its agreement with the bank. When it comes to return of the goods and services, the SELLER will not pay in cash to the BUYER pursuant to the procedure that the SELLER is obliged to pay the relevant amount to the bank in cash or by payment on account. The return to the credit card will be conducted by the bank upon the return of the amount by the Seller in single amount.
3.M
In order to perform the return transactions in accordance with General Communiqué on Tax Procedure Law nr 385, the relevant section of the invoice must be completely filled out and signed sent back to the SELLER with the product. The BUYER agrees, declares and undertakes this procedure.
4. LIMITATIONS:
melikesummershop.com online website was established as a continuation of the www.melikesummer.com website for the sale of textile, jewelry and accessory products for shopping purposes.
Pursuant to this agreement, the Seller may impose usage restrictions on the consumer, buyer and member in the following cases.
a) Broadcasting for political purposes
b) Making false statements about personal information
c) Payment and trade fraud
d) intending to cause commercial damage
5. RIGHT OF WITHDRAWAL:
5.1
BUYER may exercise his right of withdrawal from the Agreement by rejecting the products within 14 (fourteen) days from the delivery of the Products to himself or to the address indicated, without assuming any legal or criminal liability and without giving any justification. The product price must be returned to the BUYER within 10 (ten) days after it is received by the SELLER. Any expenses arising from the exercise of the right of withdrawal belong to the SELLER.
5.2
The SELLER undertakes to accept that the BUYER has the right to withdraw from the Agreement by rejecting the products within 14 (fourteen) days from the delivery of the products to him or the signing of the contract, without assuming any legal or criminal liability and without giving any justification. The seller also undertakes to return the goods after receiving the notice of withdrawal. Notification of withdrawal will be made to the contact information specified within the scope of this Agreement.
5.3
PRODUCTS FOR WHICH NO RIGHT OF WITHDRAWAL IS ALLOWED
As required by the Regulation on Distance Sales Agreements, it is not allowed to return the following goods and services;
a) Good and services which the prices change in accordance with the fluctuations in the financial markets and canot be controlled by the seller,
b) Goods prepared in line with the special demands or personal needs of the Buyer (including goods that are personalized via alterations additions, works printed upon demand (by way of an example pattern printed) goods that are framed as per request of the Buyer.
c) Goods that mix with other goods upon delivery and cannot be separated byway of their nature.
d) Goods with content such as textille and accecories which packaging have been opened upon delivery.
f) Services which performance have begun upon confirmation of the Buyer before the expiry of the withdrawal period,
g) Other services in general that are deemed outside the scope of the distance sales in accordance with their relevant legislationor in the event the Buyer makes purchases of goods or services within commercial or professional scope.
h) For goods ordered to be delivered to addresses outside the Republic of Turkey.
For the avoidance of doubt, the Buyer shall be liable for any damage, staining, harm it caused to the work of art and accordingly will not be allowed to use right of withdrawal.
5.4
The BUYER cannot use the right of withdrawal for intangible goods, which are delivered to him/her immediately and for services performed immediately via the electronic environment (such as online gift vouchers / discount codes etc.)
6. DEFAULT CLAUSES:
If the Parties will fail to fulfil the terms of the contract, provisions of default of debtor will be applied for the debtor in accordance with Code of Obligations. If any of the parties will fail to perform its obligations without a justifiable reason in case of default, the other party will give 7 days to the failed party to perform the relevant obligations. In cases stipulated by law or in the contract, if one of the parties is held responsible for failure to perform within this period, the other party will have the right to demand the delivery of the goods and/or termination of the contract and the refund of the entire amount specified in the contract.
7. FORCE MAJEURE CLAUSE:
7.A
Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure after the date of signing the Agreement. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Parties claiming Force Majeure, including acts of God, terrorism, wars, riots, legislation provisions, confiscation or labour strikes, lockouts, malfunction or interruptions in production and communication facilities etc. that prevent the parties from performing its obligations under this Agreement.
7.B
The party affected by the cause of force majeure, shall immediately notify in writing the other party. Each party shall be justified and shall not be liable to the other party in the event of a delay, the time of delivery or performance. Nevertheless, if this delay exceeds ten (10) days, each party shall be agree that they will be entitled to terminate unilaterally.
8. PRIVACY POLICY
The Buyer declares that they have read the www.melikesummershop.com Privacy Policy.
9. COMPETENT JURISDICTION:
9.A
The Consumer Arbitration Committees located at the place of the Buyer and the Seller, shall settle any dispute between the Parties related to this Agreement up to the value as declared by the Ministry of Customs and Trade each year, further the Consumer Court is authorized in respect of disputes above the said value.
9.B
This Agreement has been read, accepted and confirmed by the parties via the electronic environment. Act Nr 6502 on Consumer Protection and other relevant legislation shall be applicable for any other issues unmentioned in this Contract.
Kind Regards