Distance Sales Policy
MINT-MODA.COM Distance SALES AGREEMENT
Article 1 – Parties To The Agreement
SELLER: MINT MODA İÇ VE DIŞ TİCARET LİMİTED ŞİRKETİ. Address: MAHMUTBEY MAH. TAŞOCAĞI YOLU CAD. AĞAOĞLU MY OFFICE NO: 3 İÇ KAPI NO: 280 BAĞCILAR/ İSTANBUL Email: firstname.lastname@example.org BUYER: Customer
Article 2 – Subject Of The Agreement
The subject of this Agreement consists of setting forth and determining the respective rights and obligations of the Parties with respect to the sales and delivery of the goods/services ordered by the Buyer by way of www.mint-moda.com that belongs to the Seller on electronic media with the characteristics that are referred to in the Agreement and the selling price specified in the Agreement as well, pursuant to Law No. 6502 on Consumer Protection and law No. 29188 regarding Regulation On Distance Contracts. The Buyer agrees to and acknowledges under the provisions of this Agreement that it is informed about the basic specifications, selling price, form of payment, terms of delivery, etc. with respect to the goods/services subject matter of the sales, any and all kinds of preliminary data regarding the goods/services that constitute the subject matter of the sales as well as about the right to “withdrawal”, which it has confirmed regarding the aforesaid data on electronic media and thereafter placed an order for such goods/services. The preliminary notification and the invoice appearing on the web pages of www.mint-moda.com are integral parts of this Agreement.
Article 3 – Date Of The Agreement
These two copies of the Agreement that has been signed by the Seller previously is undersigned and accepted by the Buyer on.... , and a copy of the same shall be sent to the postal address of the Buyer via postal mail.
Article 4 – Delivery Of The Goods or Services, Place Of Performance Of The Agreement AND Pattern Of Delivery
Goods/services shall be delivered to …….. at such address ………………….. that the Buyer Demanded for the delivery to be made.
Article 5 – Delivery Expenses and Execution Thereof
Delivery expenses are on the account of the Buyer. If the Seller has announced on its website that the delivery charge for those shopping in excess of the amount announced are to be borne by itself or free of charge deliveries shall be made under the campaign, then any delivery charge is on account of the Seller. Delivery is made within the shortest possible notice if there are available stocks and following the price as regards the commodities being credited to the account of the Seller. The Seller delivers the goods/services within 30 (thirty) days from the date of ordering of the same, and within such term reserves its right to extend the aforesaid duration for an additional 10 (ten) days by serving a notice in writing to that effect. If the charge for the goods/services fails to be paid for any reason whatsoever or deleted from the bank entries, the Seller is deemed to have been released from its obligation for the delivery of the goods/services.
Article 6 – Fee For Cash on Delivery
The cash on delivery service is a payment alternative made available by the cargo company. For such a service, the cargo company charges and collects TL 4.90. This service fee goes to the cargo company and is not refundable in the event of any return of the product. If you do not want to pay this extra fee while purchasing your product, you are free to choose a secure payment alternative via credit card and make your payments in a secure manner without paying any extra service fee. (Cash on delivery option is available only in Turkey.)
Article 7 – Presentations And Warranties Of The Buyer
The Buyer shall inspect the goods/services that constitute the subject matter of the Agreement prior to accepting delivery of the same; it shall not accept the delivery of crushed, broken, or torn packaging, and such similar damaged and defective goods/services from the cargo company. It shall be so deemed that any goods/services taken on delivery are without damage and in good operating order. The obligation to keep and maintain the goods/services diligently after the delivery of the same is on the part and account of the Buyer. If the right to withdrawal is to be exercised, then the goods/services should not be used. The invoice is required to be returned. In the event after the delivery of such goods/services, the relevant bank or finance entity refrains from paying the charge for the goods/services to the Buyer on the grounds of usage of the credit card belonging to the Buyer by unauthorized parties in a manner that does not arise from any fault on the part of the Buyer, the Buyer is obliged to send the goods/services to the Seller within 3 (three) days, provided that they were already delivered to its side. Whenever this is the case, the delivery costs are to be borne by the Buyer.
Article 8 – Presentations And Warranties Of The Seller
The Seller is responsible for the delivery of the goods/services that constitute the subject matter of the Agreement in perfect and full operating condition, in compliance with the specifications indicated on the order, and together with its warranty certificates as well as instructions for use, if any. If the goods/services that constitute the subject matter of the Agreement are to be delivered to any person/entity other than the Buyer, then the Buyer is not to be held responsible if the person/entity to be delivered to declines to accept the delivery. The Seller returns the package within 10 (ten) days from receiving the declaration of withdrawal, together with any negotiable instruments pertaining thereto. Accepts the return delivery of the goods/services within 20 (twenty) days. In justifiable causes, the Seller is entitled to supply these to the Buyer at an equivalent price and quality before the term for execution under the Agreement expires. If the Seller considers that the execution of the goods/services is rendered impossible, then it notifies the Buyer before the expiry of the term for execution. Any charge paid as well as documents, if any, are to be returned within 10 (ten) days. From among those goods/services that are included or otherwise in goods/services sold with guarantee certificates, goods/services that are defective might possibly be sent to the Seller for carrying out the necessary repair operations within the conditions under guarantee; whenever the case is as such, delivery expenses shall be covered by the Seller.
Article 9 – Characteristics Of The Goods Or Services That Constitute the Subject Matter Of The Agreement
Type and sort, quantity, brand/model, color, and selling price inclusive of any and all the taxes of the goods/services are as specified in the particulars contained on the identification page for such goods/services at www.mint-moda.com, and as indicated on the invoice that is deemed an integral part of this Agreement.
Article 10 – Price In Cash For The Goods And Services
The cash price of the goods/services is included in the contents of the sample invoice that is sent via mail at the end of the order placement and the actual invoice forwarded to the Customer together with the product.
Article 11 – Time Price
The price of the goods/services in accordance with the term granted for the selling price of the goods/services is included in the contents of the sample invoice that is sent via mail at the end of the order placement and the actual invoice forwarded to the Customer together with the product.
Article 12 – Interest
It is not to be higher than the interest rate set forth every year by the Government of the Republic of Turkey, and in any case no more than 30%. The Buyer is responsible toward the bank it is working with.
Article 13 – Amount Of An Advance Payment
The amount of an advance payment with respect to the goods/services is included in the contents of the sample invoice sent via mail at the end of the order placement and the actual invoice forwarded to the Customer together with the product.
Article 14 – Payment Plan
In the event that the Buyer prefers shopping by credit card or to pay in installments, then the schedule of installments that it has selected on the site is duly applicable. In operations with respect to setting the installments, the relevant provisions of the agreement made and entered into by and between the Buyer and the Bank that is a proprietor of the card are duly applicable. The credit card payment date is set forth pursuant to the provisions of the agreement made and entered by and between the bank and the Buyer. The Buyer is further entitled to follow up on the number of its installments as well as the relevant payments from the account statement sent by the Bank.
Article 15 – Right To Withdraw
The Buyer is entitled to use its right with respect to withdrawal within 14 days from the date of delivery of the goods/services either to itself in person or to such person/entity at the address that has been advised to that effect. In order to be entitled to use the right of withdrawal, it is mandatory that, within the same period as aforesaid, the Seller notifies the customer services via e-mail or on the telephone and that the goods/services are not used under the provisions of Article 15 and such preliminary data published at www.mint-moda.com that is an integral part of this Agreement. In the event that any such right is used, it is compulsory that the original of the invoice pertaining to the goods/services delivered to the third party or e Buyer in person is required to be returned. The charge with respect to the goods/services is returned to the Buyer within 7 days following the arrival of the notice pertaining to the right of withdrawal, and the goods/services have been delivered within a term of 20 (twenty) days. If the original of the invoice is not forwarded, VAT and other legal obligations, if any, are not possibly returned to the Buyer. The cost for the delivery of such goods/services returned on the grounds of the right of withdrawal is to be covered by the Seller.
Article 16 – Goods And Services For Which Right Of Withdrawal Is Not Applicable
These consist of goods/services that are not returnable in consideration of their nature, goods/services which rapidly deteriorate and dates of expiry passing, goods/services for single use, hygienic goods/services, goods/services for daily use, any and all software and programs that are reproducible. Furthermore, for possibly using the right of withdrawal regarding any and all kinds of software and programs, various media (DVD, CD, and similar), computer and stationery consumables (toners, cartridges, ribbons, and similar) as well as cosmetic materials, it is a prerequisite that the packing of such goods/services are not opened, damaged, or used.
Article 17 – Events of Default And Its Legal Consequences
In the event that the Buyer is in default of the transactions made by credit card, it shall be pay interest within the scope of the credit card agreement that it has made and entered into with the bank, and be held responsible toward the bank. Under these circumstances, the relevant bank is entitled to seek legal recourse; if there is a claim from the Buyer regarding any expenses that arise including the Attorneys’ Fees, and in any case, if the Buyer is in default on the grounds of its debts, the Buyer agrees to pay the loss and damage suffered by the Seller due to a delayed execution of the debt.
Article 18 – Competent Court
In the settlement of any disputes that might arise from this Agreement, Consumer Arbitration Committees have the competent jurisdiction up to such value announced by the Ministry of Industry and Commerce, Consumer Courts for values over the specified amount, and at places where these are not available; Civil Courts of First Instance are competent.