Distance Selling Agreement
DISTANCE SALES AGREEMENT
1. SUBJECT
The subject of this Distance Sales Agreement (the "Agreement") is to determine the rights and obligations between the person who will purchase a product ("Product") from the website www.monadasbijou.com ("Website") ("BUYER") and Merve Burma ("SELLER/SERVICE PROVIDER"), who is the legal owner of the website, in accordance with Law No. 6502 on Consumer Protection ("Law No. 6502") and the Distance Contracts Regulation ("Regulation") (Regulation dated 27.11.2014 and numbered 29188).
By this Agreement, the BUYER acknowledges and agrees in advance that if they approve the order subject to the Agreement, they will be obliged to pay the price of the Product, shipping fees, taxes, and other specified additional fees, if any, and that they have been informed about this.
2. SELLER INFORMATION
Title: Merve Burma
Address: Cevizli Mah. Zuhal Cad. A Blok No: 46 İç Kapı No: 50 Maltepe/ İstanbul
Phone: 05333903002
Email: info@monadasbijou.com
3. BUYER INFORMATION
Name/Surname/Title: [*]
Address: [*]
Phone: [*]
Email/username: [*]
4. MATTERS ABOUT WHICH THE BUYER HAS BEEN INFORMED IN ADVANCE
The BUYER acknowledges and undertakes that they are a real or legal person acting for non-commercial or non-professional purposes with respect to the purchase made under this Agreement. The BUYER acknowledges in advance that they have been informed by viewing and examining the relevant explanations of the Website at every stage of the purchase transaction regarding the matters specified below.
4.1. Basic characteristics of the Product subject to the Agreement,
4.2. Title of the SELLER,
4.3. Contact information of the SELLER that allows the BUYER to contact the SELLER,
4.4. Necessary contact information of the SELLER for the BUYER to submit complaints regarding the Product purchased under this Agreement,
4.5. Total price of the Product subject to the Agreement, including all taxes,
4.6. Information regarding payment, delivery, performance, and commitments related thereto, and the SELLER's complaint resolution methods,
4.7. In cases where there is a right of withdrawal, the conditions, duration, procedure for exercising this right, and information regarding the carrier specified by the SELLER for returns, if any,
4.8. Email information to which the withdrawal notification will be sent,
4.9. In cases where the right of withdrawal cannot be exercised, information on whether the BUYER cannot benefit from the right of withdrawal or under what conditions they will lose the right of withdrawal,
4.10. Information that consumers can apply to the Consumer Arbitration Committee or the Consumer Court for disputes.
5. PRODUCT, PRICE, AND DELIVERY INFORMATION SUBJECT TO THE AGREEMENT
5.1. The basic characteristics of the Product (type, quantity, brand/model, color, number) are available on the SELLER's Website.
5.2. The listed prices and prices announced on the Website are sales prices. The announced prices and campaigns are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period. The SELLER reserves the right to change prices at any time.
5.3. The sales price of the Product subject to the Agreement, including all taxes, is shown in the table below.
Basic characteristics of the Product subject to the Agreement
Product type: [*]
Product Quantity: [*]
Sales price of the Product subject to the Agreement, including all taxes and expenses:
Total sales price (including taxes): [*]
Payment method for the order amount: [*]
Delivery information
Delivery Address: [*]
Invoice Address: [*]
Order Date: [*]
Delivery Method: [*]
Delivery costs: [*]
Who bears the delivery costs: [*]
Product Delivery Times
For shipments made by cargo, a precise delivery date cannot be shared. Delivery is planned to be made within the estimated time frame communicated to you during the order process.
Invoice Information
Name/Surname/Title: [●]
Address: [●]
Phone: [●]
Email/username: [●]
Invoice delivery: The invoice will be sent to the BUYER's email address as an e-invoice. If sending by email is not possible, the invoice will be delivered with the order to the invoice address during the delivery of the order.
6. RIGHT OF WITHDRAWAL
6.1. The BUYER has the right to withdraw from the Agreement without stating any reason and without paying any penalty within 14 (fourteen) days from the date the Product is delivered to them or to the person/entity at the address indicated by them. In order to exercise this right of withdrawal, the BUYER must notify the SELLER of their decision to exercise the right of withdrawal by written notification (email) or by other means provided on the Website (easy return tab) and the Product must be shipped to the SELLER within the 14-day period specified in this article. However, it is essential that the Product is not in the category of Products for which the Right of Withdrawal cannot be exercised.
6.2. If the BUYER returns the Product with the cargo company contracted by the SELLER, the delivery costs will be borne by the SELLER.
6.3. After the returned Product is delivered to the SELLER, the SELLER will examine whether the necessary conditions for return have been met. If the return conditions are met, the SELLER will approve the return via the Website and refund the Product price to the Buyer within 14 (fourteen) days from the date of delivery of the product to them.
6.4. The BUYER will send the Product's invoice and return form (if available) with the Product. In addition, the returned Product's box, packaging, and any standard accessories must be sent completely and undamaged.
6.5. If there is a decrease in the value of the goods due to the fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the Product within the right of withdrawal period.
6.6. If the campaign limit amount set by the SELLER is fallen below due to the exercise of the right of withdrawal, the discount amount received under the campaign will be canceled.
6.7. Products for which the Right of Withdrawal cannot be exercised are as follows:
- Contracts for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or provider.
- Contracts for goods prepared in accordance with the consumer's wishes or personal needs.
- Contracts for the delivery of goods that are perishable or whose expiration date may pass.
- Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
- Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
- Contracts for books, digital content, and computer consumables presented in a tangible medium, if their protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
- Contracts for the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement.
- Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be performed on a specific date or period.
- Contracts for services performed instantly in an electronic environment or for intangible goods delivered instantly to the consumer.
- Contracts for services whose performance has begun with the consumer's consent before the right of withdrawal period expires.
Email information for withdrawal notification:
Title: Merve Burma
Email: info@monadasbijou.com
Carrier company for returns:
Cargo: Yurtiçi Kargo
6.8. The BUYER, by accepting this Agreement, acknowledges in advance that they have been informed about the right of withdrawal.
7. GENERAL PROVISIONS
7.1. The BUYER accepts, declares, and undertakes that they have received information about the basic characteristics of the Product subject to the Agreement, its sales price including all taxes, payment method, delivery, and the right of withdrawal on the SELLER's Website, that they have read and understood the said information, and that they have given the necessary confirmation and approval for both sale and preliminary information electronically.
7.2. Each product subject to the Agreement is delivered to the BUYER or to the person and/or entity at the address indicated by the BUYER, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days.
7.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the Contract completely, in accordance with the specifications stated in the order, and with the necessary information and documents, including warranty certificates and user manuals, if any, in compliance with legal regulations.
7.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the expiration of the performance obligation arising from the Contract.
7.5. The BUYER is obliged to check the Products upon delivery and to immediately notify the SELLER of any defects observed.
7.6. If the Products are to be delivered to another person designated by the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
7.7. If the SELLER cannot fulfill its obligations under the Contract due to the impossibility of fulfilling the ordered Product, it will notify the BUYER in writing within 3 (three) days from the date it learns of this situation, and will refund the Product price within 14 (fourteen) days from this notification.
7.8. All refunds to be made by the SELLER in the cases specified in the Contract will be made in accordance with the payment instrument and payment method used by the BUYER at the time of purchase.
7.9. The BUYER accepts, declares, and undertakes that it will confirm the Pre-Information Form electronically along with this Contract for the delivery of the Product, and that in the event the price of the product subject to the Contract is not paid by the BUYER for any reason and/or is canceled in bank records, the SELLER's obligation to deliver the Product will cease.
7.10. The SELLER cannot be held responsible for the non-delivery of the ordered Product to the BUYER due to any problems encountered by the cargo company during the delivery of the Product to the BUYER.
7.11. The BUYER accepts, declares, and undertakes that, after the delivery of the Product to the BUYER or to the person and/or organization at the address designated by the BUYER, if the Product price is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to the Contract to the SELLER within 3 days, with the shipping cost belonging to the BUYER.
7.12. If the BUYER requests the goods to be sent by a carrier other than the carrier designated by the SELLER, the SELLER is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.
7.13. The BUYER accepts, declares, and undertakes that the personal and other information provided when becoming a member of the SELLER's Website is accurate, and that it will immediately, in cash, and in full compensate the SELLER for all damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.
7.14. The BUYER accepts and undertakes in advance to comply with the provisions of legal regulations when using the SELLER's Website. Otherwise, all legal and criminal liabilities that may arise will belong entirely and exclusively to the BUYER.
7.15. The BUYER cannot use the SELLER's Website in any way that disrupts public order, violates general morality, bothers and harasses others, for an illegal purpose, and infringes upon the material and moral rights of others. In addition, the BUYER cannot engage in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for others to use the services on the Website.
7.16. If the SELLER cannot deliver the product subject to the Contract within the specified period due to force majeure events such as unforeseeable circumstances that develop beyond the will of the parties and prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of this situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the Contract with an equivalent if available, and/or the postponement of the delivery period until the hindering situation is eliminated. If the order is canceled by the BUYER under this article, in the case of cash payments made by the BUYER, the product price is paid to the BUYER in cash and in full within 14 (fourteen) days. For payments made by the BUYER with a credit card, the product price is returned to the relevant bank within 14 days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after its return to the bank is entirely related to the bank's processing period, the BUYER accepts, declares, and undertakes that it cannot hold the SELLER responsible for possible delays.
8.DISPUTES
In the resolution of all disputes that may arise between the BUYER and the SELLER, the SELLER's records (including records in magnetic media such as computer-sound recordings) will constitute definitive evidence. The parties have agreed that in disputes arising from the implementation and interpretation of the Contract, Consumer Arbitration Committees at the place of residence of the BUYER and SELLER will be authorized within the monetary limits determined annually within the framework of legislation, and Consumer Courts will be authorized in cases exceeding these limits.
9.EFFECTIVE DATE
The BUYER is deemed to have accepted all terms of this Contract when making the payment for the order placed through the Website. All articles of this Contract have been read and accepted by the SELLER AND THE BUYER, and the Contract enters into force on the date it is approved electronically by the BUYER.
SELLER: Merve Burma
BUYER: (*)
DATE: