Distance Sales Agreement
Article 1 - Parties
1.1. Seller
Name: Mine Topbaş
Address: Boğaziçi Mahallesi Yazlık Siteler Caddesi Ayder Evleri 32/70 Milas - Muğla
Tel: +90 5553393636
Email: mine@milie-design.com
1.2. Buyer
Name - Surname / ID No. Address Phone Email
Article 2 - Subject
The subject of this agreement is the sale and delivery of the product ordered by the BUYER from the seller through the mine@milie-design.com website in electronic environment, with the specified characteristics and sales price, in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts.
The Buyer acknowledges and declares that they have been informed by the seller in a clear, understandable, and suitable manner for the internet environment (e-commerce site) regarding the seller's name, title, full address, telephone, and other contact information, the basic characteristics of the product subject to sale, the sales price including taxes, payment method, delivery conditions and expenses, etc. all pre-information about the product, the right of "withdrawal," how to use this right, official authorities to whom they can address complaints and objections, and that they have confirmed this information electronically before placing the order, and subsequently placed the order in accordance with the provisions of this agreement.
The pre-information on the mine@milie-design.com website and the invoice issued based on the buyer's order are integral parts of this agreement.
Article 3 - Product/Payment/Delivery Information
The type and quantity of the product/products received in electronic form, brand/model, total sales price, payment method, recipient of the delivery, delivery address, invoice information, shipping cost, etc. are as follows. The person to be invoiced must be the same as the one making the contract. The information below must be accurate and complete. The Buyer accepts and further acknowledges that they will fully cover any damages arising from incorrect or incomplete information and also accept any responsibility that may arise from such situations.
If the SELLER deems necessary, in cases where the information provided by the BUYER does not match reality, the SELLER reserves the right to stop the order. In cases where the SELLER detects a problem with the order, if the SELLER cannot reach the BUYER via the phone, email, and postal addresses provided by the BUYER, the SELLER will freeze the order for a period of 15 (fifteen) days. The BUYER is expected to contact the SELLER during this period regarding the issue. If no response is received from the BUYER during this period, the SELLER cancels the order to prevent any harm to both parties.
Received Product/Products Name, code: ... pieces Total Sales Price: ... -TL Payment Method: Credit Card/Bank Transfer (EFT) Recipient: Phone number: Delivery Address: Invoiced Person/Company: Billing Address: Tax Office: Tax ID Number: Shipping Cost: ... -TL
Article 4 - Contract Date and Force Majeure
The contract date is the date the order was placed by the buyer on .../.../.......
Unforeseen events outside the control of the parties, arising during the contract date and not foreseen at the time of signing the contract, which partially or completely prevents the parties from fulfilling their obligations and responsibilities under the contract, shall be considered as force majeure (natural disasters, war, terrorism, riots, changes in legislation, seizure or strike, lockout, significant breakdown in production and communication facilities, etc.). The party experiencing force majeure shall immediately and in writing notify the other party of the situation.
If the force majeure continues for a period of 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5 - Seller's Rights and Obligations
5.1. The Seller agrees and undertakes to fulfill the obligations imposed on itself by the contract in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts, except for force majeure.
5.2. The http://miliedesign.com website is not responsible for price errors caused by system errors. Therefore, the Seller is not responsible for promotional and price errors that may arise due to interventions to the website through the system, design, or illegal means. The Buyer cannot make claims against the Seller based on system errors.
5.3. Purchases can be made from http://miliedesign.com using credit cards (Visa, MasterCard, etc.) or bank transfer. Orders not paid by bank transfer within one week from the order date will be canceled. The processing time of orders is determined at the moment when the necessary collection is made from the credit card account or when the bank transfer reaches the bank accounts. Payment methods executed without consultation with customer services, such as cash on delivery or postal check, are not accepted.
Article 6 - Buyer's Rights and Obligations
6.1. The Buyer agrees and undertakes to fulfill the obligations imposed on itself by the contract, except for force majeure.
6.2. By placing an order, the Buyer is deemed to have accepted the terms of the contract and agrees to make the payment in accordance with the specified payment method.
6.3. The Buyer acknowledges and declares that they are informed by the Seller about the name, title, full address, telephone, and other contact information of the Seller, the basic characteristics of the product subject to sale, the sales price including taxes, payment method, delivery conditions and expenses, etc. all pre-information about the product, the right of "withdrawal," how to use this right, official authorities to whom they can address complaints and objections, etc. in a clear, understandable, and suitable manner for the internet environment (e-commerce site) and that they confirmed this information electronically before placing the order.
6.4. In accordance with the previous article, the Buyer declares that they have read and understood the product order/payment/use procedure information on http://miliedesign.com, including product order and payment conditions, product usage instructions, measures taken for possible situations, and warnings, and gave the necessary confirmation electronically.
6.5. In the event that the Buyer wants to return the purchased product, regardless of the way, the Buyer undertakes not to damage the product and its packaging, to return the original invoice and delivery note during the return, and agrees to do so without causing any harm.
Article 7 - Order/Payment Procedure
Order:
The total amount in TL (total installment amounts in installment transactions) including VAT of the products added to the shopping cart is processed through the POS of the relevant bank card after confirmation by the buyer. Therefore, orders are not shipped until a confirmation email is sent to the customer before shipment.
In case of any disruption in the process or problems related to credit cards that may arise, the buyer is notified via the contact methods specified in the contract, such as phone/fax/email. If necessary, the buyer may be asked to contact their bank. The processing time of orders is determined when the necessary collection is made from the credit card account or when the bank transfer reaches the seller's accounts.
Exceptionally, if it is understood that the contracted product cannot be supplied for a valid reason, the buyer is informed about this situation. In this case, the entire price collected, if any, is paid to the buyer.
Article 8 - Shipment/Delivery Procedure
Products are shipped by cargo companies to the delivery address specified by the buyer in the order. Shipping fee is not included in the product price. The shipping cost is covered by the buyer. Shipping costs are calculated during the order process and displayed to the buyer. The delivery address specified by the buyer must be within the service area of the contracted cargo company.
The seller will not be held responsible for any problems that may arise from the cargo company not being able to deliver the product to the buyer due to reasons such as the buyer not being present at the address, the address being incorrect, or the buyer not being reachable by phone. In such cases, the buyer is responsible for the costs and damages.
The delivery time of the product to the cargo is 3 (three) business days from the order date for products available in stock. In case the product is not available in stock, the buyer is informed about the estimated delivery date. The buyer may choose to wait for the product to be supplied, change the product with another product or cancel the order. If the buyer cancels the order, the entire price, if any, is paid back to the buyer. If the buyer chooses to wait, the product is sent to the buyer when the product is supplied.
Article 9 - Product Return and Right of Withdrawal Procedure
9.1. The Buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to the buyer or the person/organization at the address indicated.
9.2. In order to use the right of withdrawal, the seller must be notified by fax, email, or telephone within the withdrawal period, and the product must not be used in accordance with the terms of Article 6.5 of this contract.
9.3. In case of withdrawal, the invoice for the product delivered to the buyer or the person/organization at the address indicated during the order must be returned to the seller, and the original of the cargo delivery report must be signed indicating that the product delivered to the buyer or the person/organization at the address indicated during the order is sent back to the seller. The return of the products without the original invoice or cargo delivery report will not be accepted.
9.4. If the product price is not paid by the buyer or the payment is canceled in any way, the seller's obligation to deliver the product is deemed canceled.
Article 10 - Warranty
10.1. The warranty period for the products sold is 1 (one) year, starting from the delivery of the product to the buyer.
10.2. The products covered by the warranty will be repaired free of charge for 1 year from the date of delivery, provided that they are used in accordance with the user manual. During the warranty period, if the product becomes inoperable, the product will be replaced with the same or equivalent product. If the same product or equivalent product is not available, the buyer will be offered a different model. The buyer may choose to accept the replacement product or request a refund.
10.3. The warranty does not cover damages caused by misuse, negligence, accident, failure to comply with user manual instructions, and any unauthorized repair or modification.
10.4. During the warranty period, the buyer can benefit from the warranty service by delivering the product to the seller's address specified in Article 1.
Article 11 - Privacy
11.1. The Seller undertakes not to disclose the personal information shared by the buyer to third parties.
11.2. The Seller will not share the buyer's information with third parties or institutions unless there is an official request from the authorities and this information is requested within the scope of an investigation.
11.3. The information specified in Article 1.2 of this contract may only be disclosed to the relevant bank or financial institution in case of a demand by the buyer and the seller, and only in cases where a legal obligation arises from the product order.
11.4. All necessary measures are taken by the Seller to ensure the confidentiality and security of personal information. However, the seller will not be held responsible if the personal information is damaged or captured by third parties as a result of an attack on the website and the system.
11.5. Credit card information requested on the payment page is never stored on the servers of the Seller or the companies serving it, in order to keep the security of the buyer at the highest level.
Article 12 - Authorized Court in Case of Dispute
In disputes arising from this agreement, the Consumer Arbitration Committees and the Consumer Courts in the place where the buyer resides or the Consumer Courts in the place where the seller is located are authorized. If the order is not canceled by the buyer after the pre-information regarding the product subject to the order, the buyer is deemed to have accepted all the terms of this agreement.
Article 13 - General Provisions
13.1. In cases where the buyer uses the product, it is deemed that they have accepted the integrity of the product.
13.2. In case the parties cannot agree on the fulfillment of the contract, the Consumer Arbitration Committees and the Consumer Courts are authorized. The buyer may apply to the Consumer Arbitration Committees in the settlement of disputes arising from the implementation of this agreement up to the value declared by the Ministry of Industry and Trade.
13.3. The Seller reserves the right to make changes in the provisions of this agreement at any time. The current agreement provisions are valid on the date of the order.
The buyer acknowledges, declares, and undertakes that they have read all the articles in this contract, have received the necessary confirmation in electronic form, and that they approve all the articles.
Seller:
Mine Topbaş
Date: .../.../.......
Buyer:
Date: .../.../.......