DISTANT SALES CONTRACT
1.PARTIES
This present Contract has been signed by and between the following parties in accordance with the terms and conditions set forth below.
1.‘BUYER’ ; (hereinafter referred to as “BUYER”)
NAME-SURNAME:
ADDRESS:
2.‘SELLER’ ; (hereinafter referred to as “SELLER”)
TITLE: MSC Gıda Ürünleri İnşaat Tekstil San. ve Tic. A.Ş.
ADDRESS: Balmumcu Mah. Barbaros Bulvarı Morbasan Sk. Koza iş Mrkz. C Blok No:14 K:12 Beşiktaş/Istanbul
By accepting this present contract, the BUYER agrees in advance that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and the additional fees specified such as shipping fee, tax, if any, and that he has been informed about this issue.
2.DEFINITIONS
In the application and interpretation of this Contract, the following terms shall refer to the written explanations opposite them.
MINISTER : Minister of Customs and Trade
MINISTRY : Ministry of Customs and Trade,
LAW : Law No. 6502 on Consumer Protection;
REGULATION : Regulation on Distance Contract (OG:27.11.2014/29188)
SERVICE : Subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER : The company that offers goods to the consumer within the scope of its commercial or professional activities or acts for or on behalf of the one offering goods,
BUYER : means real or legal person acquiring, using or benefiting from goods or services without commercial or professional purposes,
SITE : The website of the SELLER,
ORDERING PARTY: The real or legal person that demands a good or service through the website of the SELLER,
PARTIES : SELLER and BUYER
CONTRACT : This present contract concluded between the BUYER and the SELLER,
GOOD : means movable property and software, audio, image and similar intangible goods which are prepared for use in electronic environment,
3.SUBJECT MATTER
This present contract set forths the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the website of the SELLER.
The prices listed and declared on the site are the selling price. Declared prices and promises are applicable until they are updated and changed. The prices declared periodically are applicable until the end of the specified period.
4. SELLER’S INFORMATION
Title: MSC Gıda Ürünleri İnşaat Tekstil San. ve Tic. A.Ş.
Address: Balmumcu Mah. Barbaros Bulvarı Morbasan Sk. Koza iş Mrkz. C Blok No:14 K:12 Beşiktaş/Istanbul
Telephone: 0212 800 52 52
Email: info@mixmey.com
5. BUYER’S INFORMATION
Person to Receive
Delivery Address:
Telephone
Fax
Email/username
6. INFORMATION OF ORDERING PARTY
Name/Surname/Title
Address
Telephone
Fax
Email/username
7. INFORMATION ON PRODUCT/PRODUCTS SUBJECT TO CONTRACT
1.The basic characteristics (type, quantity, brand / model, color, number) of the Good / Product / Products/ Services are published on the website of the SELLER. If a campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. The campaign is valid until ..........
7.2.The prices listed and declared on the site are the selling price. Declared prices and promises are applicable until they are updated and changed. The prices declared periodically are applicable until the end of the specified period.
7.3.The selling price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description
Pcs
Unit Price
Subtotal
(VAT Included)
Shipping Amount
Total :
Payment Method and Schedule
Delivery Address:
Person to Receive
Billing Address
Order Date
Delivery date
Delivery method
7.4. The shipping fee, which is the cost of product shipment, shall be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: The invoice shall be delivered to the invoice address along with the ordered
item at the time of order delivery.
9. GENERAL PROVISIONS
9.1.The BUYER agrees, declares and undertakes that he has read on the website of the SELLER the basic characteristics, selling price and payment method of the product subject to the contract and the preliminary information regarding the delivery and that the BUYER has given the necessary confirmation electronically. Acknowledging that the BUYER has confirmed the Preliminary Information electronically, it agrees, declares and undertakes that it has accurately and completely obtained the address to be given by the SELLER to the BUYER, basic characteristics of the ordered products, price of the products including taxes, payment and delivery information.
9.2.Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3.The SELLER agrees, declares and undertakes to fully deliver the product subject to the Contract in accordance with the qualifications specified in the order, together with warranty documents, user's manual, information and documents required as per the business, if any, to perform the business free from all kinds of defects, as solid according to requirements of the legal legislation, in accordance with the standards and within the scope of integrity and honesty principles, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the business, and to act with caution and prudence.
9.4.The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his explicit approval before the expiry of the performance obligation arising from the contract.
9.5.The SELLER agrees, declares and undertakes that if the SELLER fails to fulfill his contractual obligations in case fulfilment of the product or service subject to the order becomes impossible, he shall inform the consumer in writing of this situation within 3 days from the date when he learned, and that he shall return the total price to the BUYER within a period of 14 days.
9.6.The BUYER agrees, declares and undertakes that he shall confirm this present contract electronically for the delivery of the product subject to the Contract, and that the obligation of the SELLER to deliver the product subject to the contract shall end in case the product price subject to the contract is not paid for any reason and/or canceled in the bank records.
9.7.The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means via the address, e-mail address, fixed and mobile phone lines and other contact information that are specified by the BUYER in the registration form on the site or updated by him later. By accepting this present contract, the BUYER agrees and declares that the SELLER may carry out the above-mentioned communication activities for him.
9.8.If the BUYER and the holder of the credit card used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may require the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the letter from the card holder's bank that the credit card belongs to him. The order shall be suspended during the period until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12.The BUYER declares and undertakes that the personal and other information provided by the BUYER when being a member to the website of the SELLER is correct, and that the BUYER shall compensate all damages to be incurred by the SELLER due to truthlessness of such information, immediately, in cash and in a single payment upon the first notification of the SELLER.
9.9.The BUYER agrees and undertakes in advance to adhere to and not to violate legal legislation provisions when using the website of the SELLER. Otherwise, all legal and criminal liabilities arising thereof shall entirely and exclusively bind the BUYER.
9.10.The BUYER may not use the website of the SELLER in any manner to violate the public order, contrary to public morality, to disturb and harass others, for an illegal purpose and to infringe the tangible and moral rights. In addition, the member may not involve in any operations (spam, virus, trojan horses, etc.) that make it difficult for or prevent others from using the services.
9.11.Links may be given on the SELLER’s own website to other websites, which are not under the control of the SELLER and/or are owned and/or operated by third persons, and/or to other contents. These links have been placed for the purpose of providing ease routing for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the website for which the link is given.
9.12.The member who violates one or more provisions listed in this present contract shall be criminally and legally liable in person due to such violation, and shall hold the SELLER harmless against legal and criminal consequences of these violations. Also, in case that such a violation is brought to the field of law, SELLER’s right to claim a compensation against the member due to failure to comply with the membership agreement is reserved.
10. RIGHT OF WITHDRAWAL
The BUYER agrees and declares that he cannot use this right after making the payment for the order he has made through the site.
12. EVENT OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER agrees, declares and undertakes that if he goes into default in cases where he makes payment by credit card, he shall pay interest within the framework of the credit card agreement between the card holder and the bank and that he will be responsible towards the bank. In this case, the relevant bank may apply for legal remedies, demand the costs and counsel’s fee from the BUYER and in any case, if the BUYER goes into default due to its debt, the BUYER agrees, declares and undertakes that he shall pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections shall be submitted to the arbitration committee for consumer problems or consumer court in the place where the consumer’s place of residence is located or where the consumer transaction is carried out, within the monetary limits specified in the law as follows. Information for the monetary limit is as follows:
To be effective from 28/05/2014, application must be submitted to:
a) District consumer arbitration committees in the disputes with a value below TRY 2.000,00 (two thousand) as per Article 68 of the Law No. 6502 on Consumer Protection
b) Provincial consumer arbitration committees in the disputes with a value below TRY 3,000.00 (three thousand),
c) Provincial consumer arbitration committees in the disputes with a value between TRY 2,000.00 (two thousand) and TRY 3,000.00 (three thousand), in the provinces having metropolitan status.
This present Contract is concluded for commercial purposes.
14. ENTRY INTO FORCE
When the BUYER makes the payment for the order placed through the Site, he shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements in such a manner to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the realization of the order.
SELLER: MSC Gıda Ürünleri İnşaat Tekstil San. ve Tic. A.Ş.
BUYER:
DATE: