Distance Sales Contract

Mukaddes Pekin Başdil Distance Sales Contract

RIGHTS AND OBLIGATIONS OF THE CONSUMER


1. The consumer must provide accurate and complete information about himself/herself and the product/service he/she wishes to purchase. The consumer must fulfill all the obligations imposed by the contract in order to benefit from the service quality in the best way.

2. The consumer must fulfill the payment in accordance with the payment plan stipulated in the distance sales contract and at the stipulated time.

3. The consumer is under the obligation to check the product as soon as it is received and to report the defect in the product without delay, but unpacked, used products are not covered by the take-back. Damages caused by any defects related to transportation must be reported at the time of delivery or immediately.

4. The consumer must fulfill the notification obligation for damage and other matters imposed by the contract.

TERMS OF ORDER AND SALE

1. Our company will evaluate the orders made during working hours (between 08:00 - 18:00 every day) during the day. Orders received after 16:00 will be processed during working hours on the following business day.

2. The consumer accepts, declares and undertakes that all the information provided by the consumer regarding the order is correct and complete, and that he / she can be contacted from the telephone number and e-mail address specified in the order information if necessary.

3. After the successful completion of the order process given by the consumer, our Company will send an e-mail message to the e-mail address specified by the consumer, informing that the order process has been completed.

4. Our Company does not keep stock for the products it sells. It supplies the products according to the orders of the customers. The product published during the day is removed from sale when the stock runs out. However, in cases such as non-delivery of the products that are in stock at the supplier, the consumer is informed by the relevant department via e-mail message and the amount blocked against the product price is removed from your credit card.

PAYMENT

1. Payments for orders placed on the website subject to this agreement can be made with all bank cards. For money transfer and similar purchasing methods, the consumer will contact our Company directly at the order e-mail address. The time of processing the orders is not the moment the order is placed, but the moment when the money is blocked from the credit card account in the amount of the order amount or when it is determined that it reaches the accounts of our Company.

2. The consumer is obliged to pay the fees and all appropriate taxes required to use the Site and services subject to this agreement.

3. Information transfer in credit card transactions will be provided by our Company with a secure connection as SSL. The consumer's credit card payment and authorization will be automatically provided by the SANALPOS system. Except for force majeure, the amount collected by our Company cannot be paid back.

4. Prices for the products on the website subject to the contract by our Company include VAT. Transportation costs for the delivery of the ordered products belong to the consumer.

5. If the consumer is a commercial company, the invoice will be issued in accordance with the invoice information specified by the consumer and delivered to the ordering company. If the consumer is a real person, the invoice will be issued and delivered to the address.

6. With the successful conclusion of the payment to be made by the consumer for the products purchased by the consumer after the provision of the credit card or bank account, the obligation of our Company to deliver the consumer's order will arise.

7. Our Company has the right to change some or all of the services it offers and the fee policy it applies at any time. Changes related to the fee policy shall become effective simultaneously with the publication of the announcement on the Website.

8. Our Company is not responsible for price inaccuracies arising from typographical and system errors.

PROVISIONS REGARDING DELIVERY

1. Our Company shall deliver the product in question to the consumer within ten days at the latest from the moment the consumer's order is received. Our Company has the right and authority to extend this period for five more days with prior notice.

2. Transportation costs related to orders belong to the consumer. The consumer's order amount will be collected from the consumer's credit card upon completion of the order. Transportation and shipping costs will be collected from the consumer by the cargo authority during delivery.

3. If the consumer himself/herself is not present at the address specified for delivery, delivery may be made to other persons who are present at the address and who live in the same residence with the consumer or to the consumer's assistants.

4. The consumer is obliged to open and check the packages that he/she thinks are damaged during shipment in front of the company official when receiving the packages and if there is any defect in the product, he/she is obliged not to receive the product by keeping a report to the cargo company. If the package is not accepted and a report is made, the situation should be notified to our Company as soon as possible together with the copy of the report that remains with you. Our Company will ensure that a new and healthy delivery is made as soon as possible. After the package is received by the consumer, it is deemed accepted that the delivery company has duly fulfilled its duty.

5. Provided that it is based on a justified reason, our Company may supply goods or services of equal quality and price to the consumer before the contractual performance obligation expires, and if it cannot fulfill its contractual obligations by claiming that it is impossible to fulfill the goods or services subject to the order, it notifies the consumer of this situation before the contractual performance obligation expires, and returns the price paid and all documents that put it under debt to the consumer within 10 days.

6. In the event that the conditions specified in this contract are not fully fulfilled by the CONSUMER, our Company shall not be responsible for the non-delivery of the products ordered by the consumer.

PROVISIONS REGARDING THE RIGHT OF RETURN

1. In distance contracts for the sale of goods, the consumer has the right to return the goods within seven days from the date of receipt. Opened or destroyed packages and used products are not covered by this rule. In cases where our company detects any opening, deterioration, breakage, breakage, destruction, destruction, tearing, use and other situations in the product and its packaging and if the product cannot be returned in the state in which it was delivered to the customer, it will not return the product and will not refund the price.

2. The consumer will not be able to benefit from the provisions of the right of withdrawal specified in the above article regarding the services performed instantly in electronic environment and the goods delivered to the consumer instantly.

3. In the event that the consumer returns the product or withdraws from the purchase, the product must be returned to our Company in full together with all invoice copies.

4. The price of the product returned by the consumer will be returned to the consumer within 10 days by our Company. Our Company is not responsible for delays in the consumer's bank reflecting the said amount to the consumer's account.

5. If you request cancellation in the process after the product is supplied by our company, your refund will be made with a 5 percent deduction from your payment amount.

6. For products returned in accordance with the above conditions, the shipping fee will be paid by the consumer, and the shipping fee for the first shipment of the products purchased as free shipping will be deducted from the product amount and the remaining amount will be returned to the buyer.

7. Unpacked, used, destroyed, etc. The return of the products in the form will not be accepted by our Company.

8. The consumer is obliged to return the product in the condition in which it was delivered to him and, in case of use, to compensate for the loss in the commercial value of the goods due to use.

9. The shipping fee will be paid by the customer for shipments made in accordance with the return conditions.

ORDER CANCELLATION :

You can cancel your orders before the products you ordered are supplied and shipped. In such cases, if you notify your cancellation request via e-mail to info@mukaddespekinbasdil.com, your payment will be refunded within 10 days at the latest.

WEB SITE

Our Company cannot be held liable in any way for any direct, indirect, special, consequential or any other loss or damage that the consumer may incur due to access to or use of the website or any website information.

REGULATION ON THE PRINCIPLES OF APPLICATION OF DISTANCE CONTRACTS


Objective

Article 1- The purpose of this Regulation is to regulate the implementation procedures and principles regarding distance contracts.


Scope

Article 2- This Regulation shall apply to contracts concluded in written, visual and electronic media or by using other means of communication and without confrontation with consumers, where it is agreed to deliver or perform the goods or services to the consumer immediately or later.


Basis

Article 3- This Regulation has been prepared based on Article 31 of the Law No. 4077 dated 23/2/1995 on the Protection of Consumers and Article 9/A added to this Law by Law No. 4822.


Definitions

Article 4- In the implementation of this Regulation;

a) Ministry: Ministry of Industry and Trade,
b) Minister: The Minister of Industry and Trade,
c) Goods: Movable goods subject to purchase and exchange, immovable goods for residential and vacation purposes, and software, audio, video and similar intangible goods prepared for use in electronic media,
d) Service: Any activity other than the provision of goods in return for a fee or benefit,
e) Seller: Natural or legal persons, including public legal entities, who offer goods to consumers within the scope of their commercial or professional activities,
f) Provider: Natural or legal persons, including public legal entities, who provide services to consumers within the scope of their commercial or professional activities,
g) Consumer: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
h) Lender: Banks, private finance institutions and financing companies authorized to provide cash loans to consumers in accordance with their legislation,
ı) Distance Contract: Contracts concluded in written, visual, telephone and electronic media or by using other means of communication and without meeting the consumers and in which the delivery or performance of the goods or services to the consumer is agreed immediately or later.


Preliminary Information

Article 5- The following information must be provided to the consumer before the conclusion of the distance contract.

a) The name, title, open address, telephone and other access information, if any, of the seller or provider,
b) The main characteristics of the goods or services subject to the contract,
c) The sales price of the goods or services subject to the contract, including all taxes,
d) the validity period of all promises of the seller or provider, including price,
e) Information on how the consumer's payments will be made,
f) Information on how delivery and performance will be carried out and, if applicable, the amount of the related costs and by whom they will be borne,
g) Information on the right of withdrawal and how to exercise this right,
h) The cost of the means of communication used, if there is a cost to the consumer,
ı) Schedule of delivery and performance dates of the goods or services subject to the contract,
j) The open address, telephone and other access information, if any, of the seller or provider to whom the consumer can forward his/her requests and complaints.


Proving the Accuracy of Preliminary Information in Writing

Article 6- No contract may be concluded unless the consumer confirms in writing that he/she has obtained the preliminary information correctly and completely. In contracts concluded electronically, this confirmation shall also be made electronically. The consumer must obtain the written confirmation containing the preliminary information before the goods subject to the contract are delivered to him for goods and before the performance of the contract for services at the latest.


Conditions to be included in the contract

Article 7- The distance contract must be made in writing and a copy of this contract must be given to the consumer. In the contract

a) Name, title, open address, telephone and other access information, if any, of the consumer, seller or provider,
b) The date the contract was issued,
c) The date and manner of delivery or performance of the goods or services,
d) Information on the amount of the costs related to delivery and performance and by whom they will be borne,
e) The type or type, quantity and, if any, the brand and model of the goods or services subject to the contract,
f) Advance sale price of the good or service in Turkish Lira including taxes,
g) Total sale price in Turkish Lira to be paid together with interest according to maturity,
h) The amount of interest, the annual rate at which the interest is calculated and the default interest rate not exceeding thirty percent of the interest rate specified in the contract,
ı) Down payment amount,
j) Payment plan,
k) The legal consequences of the default of the debtor.

Right of Withdrawal

Article 8- In distance contracts for the sale of goods, the consumer has the right to withdraw from the contract by rejecting the goods without any legal and criminal liability and without any justification within seven days from the date of receipt. In distance contracts for the provision of services, this period starts on the date the contract is signed. If it is agreed in the contract that the performance of the service will be made before the expiration of the 7-day period, the consumer may exercise the right of withdrawal until the date when the performance will begin, and the costs arising from the exercise of the right of withdrawal belong to the seller or provider. Contracts regarding services performed instantly in electronic environment and goods delivered to the consumer instantly are not subject to the provisions regarding the right of withdrawal and its use. The consumer may exercise the right of withdrawal even if the delivery of the goods is made to a person other than the consumer who is a party to the contract. In this case, the seller receives the goods from the third party in accordance with the provision of the fourth paragraph of Article 9. The consumer cannot use the right of withdrawal in goods produced in accordance with the special requests and demands of the consumer or personalized by making changes or additions. In addition, the consumer cannot use the right of withdrawal in the case of goods that cannot be returned due to their nature, are likely to deteriorate rapidly or expire. If one of the conditions in Articles 6 and 7 of this Regulation is missing, the seller or provider shall remedy the deficiency within thirty days at the latest. In this case, the 7-day period starts from the date on which the information that the deficiency has been eliminated is delivered to the consumer in writing. If the price paid by the consumer is partially or wholly covered by the seller or provider or on the basis of an agreement between the seller or provider and the creditor, in the event that the right of withdrawal is exercised, the credit agreement shall automatically terminate without any obligation to pay any compensation or penal clause amount. However, for this purpose, the notice of withdrawal must also be communicated to the lender in writing.


Obligations of the Seller and Provider

Article 9- The seller or provider is obliged to fulfill its performance within thirty days at the latest from the moment the consumer delivers the order to it. This period may be extended for a maximum of ten days provided that the consumer is notified in writing in advance. The seller or provider is obliged to return the price, negotiable instruments and any documents that put the consumer under debt within ten days from the date of receipt of the consumer's withdrawal notification, and to take back the goods within twenty days. Before the delivery or performance of the goods or services subject to the distance contract to the consumer, the seller or provider shall deliver a copy of the contract and a copy of the written confirmation of the preliminary information to the consumer by ensuring that the consumer signs in his own handwriting. In case of dispute, the burden of proof lies with the seller and the provider. Provided that it is based on a justified reason, the seller or provider may supply goods or services of equal quality and price to the consumer before the contractual performance obligation expires and provided that it is specified in the contract. If the seller or provider cannot fulfill its contractual obligations by claiming that it is impossible to fulfill the goods or services subject to the order, it shall notify the consumer of this situation before the expiration of the contractual performance obligation. It returns the price paid and all documents that put it under debt to the consumer within 10 days.


Refund

Article 10- In distance contracts, if the payment is made by credit card or a similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card has been used against his/her consent and unlawfully. In this case, the card issuer shall refund the payment amount to the consumer within 10 days from the notification of the objection.


Out of Scope Contracts

Article 11- The provisions of this Regulation;

a) Bank, insurance related,
b) Contracted through vending machines,
c) Contracted through public coin-operated telephones,
d) Contracted by way of auction,
e) relating to the regular supply of food, beverages and goods for daily consumption to the consumer's home or workplace,
f) It does not apply to contracts that contain provisions for the provision of accommodation, transportation, catering, sporting and cultural activities and entertainment services on a specific day or duration, undertaken by the provider.


Applicability

Article 12- This Regulation enters into force on 14/6/2003.


Execution

Article 13- The provisions of this Regulation shall be executed by the Minister of Industry and Trade.

NOT RECEIVING THE ORDER WITH PAYMENT AT THE DOOR

In the event that the products purchased with counter (at the door) payment are not found at the address, it is obligatory to receive them from the relevant cargo branch.

Packages that are not received and returned are kept by the company to be resent to the customer by adding the shipping cost.

Likewise, if the product is not received, the distance sales contract, telephone call records for approval, and the TC. Identity Number declared by the buyer, using the computer location address (IP / MAC ADDRESS) used during the order as evidence;

For the reasons of abusing the opportunity to pay at the door, cargo, company additional costs and slowing down the workforce; Legal proceedings are initiated for legal compensation of all cargo costs, operating costs. By sharing this information with all e-commerce companies, the person is blacklisted and orders from different websites / companies will not be sent over the internet.

The customers of mukaddespekinbasdil.com site and facebook Page formally declare to pay in advance the compensation amount of at least forty (40) and at most ninety (90) times the invoice amount, including cargo, for each goods that the buyer requests with payment at the door and does not receive delivery and damages the company.


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