Distance Sales Agreement
ARTICLE 1- PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
1.1 SELLER
Trade Name: Mary Shevkey Natural Food Agricultural and Industrial Products Trading Co. Ltd.
Address: Fenerahçe Mah. İğrip Sk. No: 13 Inner Door No: 1 Kadıköy-İstanbul
Phone: +90 539 684 35 58
Email Address: info@maryshevkey.com
1.2 BUYER
Name/Surname/Title :
Address :
Phone :
Email Address:
ARTICLE 2- DEFINITIONS
The terms written below shall refer to the explanations next to them in the application and interpretation of this Agreement.
MINISTER : Minister of Customs and Trade,
MINISTRY : Ministry of Customs and Trade,
LAW : Law No. 6502 on Consumer Protection,
REGULATION : Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE : The subject matter of any consumer transaction other than providing goods for a fee or benefit,
SELLER : The company offering goods to the consumer within the scope of its commercial or professional activities or acting on behalf or account of the supplier,
BUYER : The natural or legal person acquiring, using or benefiting from goods or services for non-commercial or professional purposes,
WEBSITE : The internet site owned by the SELLER,
ORDERING PARTY : The natural or legal person ordering a product or service from the SELLER's website,
PARTIES : SELLER and BUYER,
CONTRACT : This Agreement concluded between the SELLER and the BUYER,
GOOD : The movable goods subject to purchase and non-material goods such as software, sound, image and similar prepared for use in electronic environment.
ARTICLE 3- SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below, which the BUYER has ordered electronically from the SELLER's website. This Distance Sales Agreement has been prepared in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The Parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts under this Agreement.
ARTICLE 4- GENERAL PROVISIONS
4.1- The basic features of the goods / product/products (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the specified date.
4.2- The prices listed and advertised on the website are the sales prices. Advertised prices and promises remain valid until updated and changed. Prices announced for a specified period are valid until the specified date. 4.3- The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Date: 26-1-2023
Product Name Quantity Total
Amount
INVOICE INFORMATION
Payment Method :
Delivery Address :
Recipient :
Invoice Address :
Shipping Fee :
ARTICLE 5- DELIVERY METHOD
5.1- This Agreement shall enter into force upon confirmation by the Buyer in electronic form. The Agreement shall be deemed fulfilled upon delivery of the Product purchased by the Buyer from the Seller. The Product shall be delivered to the address specified by the Buyer and to the authorized person(s) specified.
5.2- If the BUYER (the recipient of the delivery) is not present at the time of delivery, the delivery can be made to persons who can deliver the order to the BUYER by obtaining their name and signature. Information about the person who received the order will be communicated to the sender (BUYER) via sms and e-mail. Deliveries to public and private institutions are made in accordance with the delivery procedures of the institutions.
ARTICLE 6- BUYER'S STATEMENTS AND UNDERTAKINGS
6.1- The BUYER acknowledges, declares and undertakes that he/she has received the preliminary information regarding the essential characteristics of the products, the sales price including all taxes, payment method, delivery and withdrawal rights, and the terms of use, that he/she has read and informed about them, and has given the necessary confirmation-approvals electronically for the sale.
6.2- The BUYER undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to this Agreement. In case the price of the product subject to the Agreement is not paid for any reason and/or cancelled in the bank records, the Seller's obligation to deliver the product subject to the Agreement will terminate. 6.3- The BUYER shall inspect the product before delivery; damaged, broken, torn packaging, etc. and shall not receive damaged and defective goods from the cargo company. The delivered goods shall be deemed to be undamaged and sound. After delivery, the duty to protect the product carefully belongs to the BUYER. If the right of withdrawal will be used, the product should not be used. The invoice must be returned.
6.4- If the credit card holder used during the order and the BUYER are not the same person or if a security vulnerability related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit identity and contact information of the credit card holder and/or the previous month's statement of the credit card holder from the bank indicating that the credit card belongs to him/her. The order will be suspended until the BUYER provides the requested information/documents, and if such requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.
6.5- The BUYER declares and undertakes that the personal and other related information given during the membership to the SELLER's website is accurate, and that he/she will immediately, in cash and in full, compensate all damages that the SELLER will suffer upon the first notification by the SELLER due to the falsity of this information.
6.6- The BUYER undertakes to comply with the legal regulations while using the SELLER's website and not to violate them from the outset. Otherwise, all legal and penal responsibilities arising thereof shall entirely and exclusively bind the BUYER.
6.7- The BUYER shall not use the SELLER's website in any way that disrupts public order, contradicts general morality, disturbs and harasses others, is illegal for any purpose, and violates the material and moral rights of others. In addition, activities preventing or difficulting the use of services by others (spam, virus, trojan, etc.) cannot be carried out.
6.8- If the product subject to the contract will be delivered to a person/organization other than the BUYER, the SELLER shall not be held responsible for the refusal of the delivery by the person/organization to whom the delivery is to be made.
ARTICLE 7- SELLER'S STATEMENTS AND UNDERTAKINGS
7.1- In remote contracts for the sale of goods, the SELLER shall deliver each product within the period specified in the preliminary information section on the website depending on the distance to the BUYER's place of residence. If the SELLER acts contrary to this obligation, the BUYER may terminate this Agreement. In case of termination of the Agreement, the SELLER shall reimburse all payments received, including delivery costs, within 14 (fourteen) days from the date of receipt of the termination notice, together with the statutory interest specified within the scope of the relevant legislation, and return any valuable documents and similar documents that may put the consumer into debt to the BUYER.
7.2- The SELLER may supply a different product of equal quality and price to the BUYER before the performance of the contractual obligation arising from the contract, provided that it informs the BUYER and obtains its explicit consent.
7.3- If the SELLER fails to fulfill the contractual obligations in case the performance of the goods or services subject to the order becomes impossible, the SELLER shall notify the consumer in writing or with a permanent data storage tool within three days from the date of learning of this situation and return all the payments collected, including the delivery costs, to the BUYER within fourteen days.
ARTICLE 8- RIGHT TO WITHDRAW
8.1- The BUYER has the right to withdraw from the contract within fourteen days from the date of receipt of the product without any legal and criminal responsibility and without giving any justification.
8.2- In order to exercise the right of withdrawal, it must be notified to the SELLER by fax, e-mail or telephone within the said period and the product should not be used in accordance with the provisions of the "regulation on contracts made at a distance" published in the official newspaper dated 27 November 2014 and numbered 29188.
8.3- In case of exercise of the right of withdrawal,
Invoice (if any) delivered to the third party or the BUYER (the invoice submitted to the institution in the event of the order delivered to the institution),
Receipt or dispatch statement,
Return form,
Consumer copy of the credit card delivery receipt (if the product to be returned is paid by credit card),
The original packaging of the products to be returned must be delivered complete and undamaged.
8.4- If the BUYER has not fulfilled the obligations of the withdrawal notification and return of the product on time, the obligations of the SELLER under the contract shall expire automatically and the SELLER shall return all payments received from the BUYER within fourteen days from the date of receipt of the withdrawal notice.
8.5- For the return of the products purchased with a credit card, the product price is returned to the relevant bank within 7 working days after the receipt of the return product by the SELLER. The reflection of the amount returned to the credit card of the BUYER from the bank to the BUYER account is completely related to the bank transaction process. The BUYER cannot be held responsible for any delays.
ARTICLE 9- AUTHORIZED COURT
In the implementation of this Agreement, Consumer Problems Arbitration Committees and Consumer Courts are authorized up to the value declared by the Ministry of Customs and Trade each year.
ARTICLE 10- ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this contract when placing an order.
SELLER :Mary Shevkey Natural Food Agricultural and Industrial Products Trading Co. Ltd.
BUYER :
COMPLAINT AND OBJECTION
ELECTRONIC COMMUNICATION
SIGNATURE OF BUYER
DATE
SELLER
Legal Notice: The BUYER declares that he/she has read all the preliminary information about the goods and services subject to the sale, the sales price, the payment method and the delivery method, and that he/she has given the necessary confirmation electronically.
11-1-2023