Distance Sales Agreement
ARTICLE 1 - PARTIES
1.1 - SELLER:
Name: Mimya Textile
Address: Merkez Mah. İyiniyet Sokak. No:18 Şişli/Istanbul
Phone: 02122917474
Fax: -
Email: mimya@mimya.com.tr
1.2 - BUYER:
Name/Surname/Title:
Address:
Phone:
Email:
ARTICLE 2 - SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on the Implementation Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product whose specifications and sales price are specified, ordered by the BUYER electronically from the mimyastore.com website owned by the SELLER.
ARTICLE 3 - SPECIFICATIONS OF THE PRODUCT, PAYMENT, AND DELIVERY
3.1 - PRODUCTS:
The basic features of goods or services are available on www.mimyastore.com
The listed prices on the website are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a specific period are valid until the end of that period.
All taxes for the subject of the contract, goods, or services, are included in the sales price.
3.2 - DELIVERY METHOD AND PLAN:
Delivery Address:
Recipient:
Invoice Information:
Product shipments will be initiated within a maximum of 2 working days after the products are supplied by Mimya Textile Industry and Trade Ltd. Co. Shipping is free for orders over 450 TL. For orders under 450 TL, the shipping cost will be paid by the BUYER.
3.3 - DELAY INTEREST:
No delay interest will be applied by the SELLER, as the payment will be made in advance or by credit card.
ARTICLE 4 - GENERAL TERMS
4.1) BUYER, by confirming this Pre-Information electronically, declares that they have read and understood the essential qualities of the product, the sales price, and the payment and delivery information of the ordered products on the www.mimyastore.com website. The BUYER acknowledges, by confirming this Pre-Information electronically, that they have acquired accurate and complete information about the address to be given by the SELLER before the conclusion of the distance contracts, the basic features of the products ordered, the total price of the products, including taxes, and payment and delivery information.
4.3) The SELLER cannot be held responsible for any problems encountered by the shipping company in delivering the product to the BUYER, resulting in the non-delivery of the ordered product to the BUYER.
4.4) The SELLER is responsible for delivering the contract product in sound, complete, in compliance with the specified qualifications in the order, along with warranty documents and usage manuals, if any.
4.5) The SELLER can, before the expiration of the performance obligation arising from the contract, inform the BUYER and, by obtaining explicit approval, supply a different product of equal quality and price.
4.6) If the SELLER cannot fulfill the obligations of the contract due to the impossibility of delivering the ordered product or service, the SELLER notifies the consumer before the expiration of the performance obligation arising from the contract and refunds the total amount to the BUYER within 10 business days.
4.7) It is a requirement to confirm this Preliminary Information Form electronically for the delivery of the product. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to have been relieved of the obligation to deliver the product.
4.8) After the delivery of the product, if the BUYER's credit card is used by unauthorized persons for reasons not caused by the BUYER's fault, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must return the product to the SELLER within 3 days. In this case, shipping costs are borne by the BUYER.
4.9) If the SELLER cannot deliver the contracted product within the specified period due to force majeure or extraordinary situations such as adverse weather conditions preventing transportation, the SELLER is obliged to inform the BUYER. In this case, the BUYER can use one of the rights to cancel the order, replace the product with its equivalent if available, and/or postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded within 10 days. In the case of payments made with a credit card by the BUYER, the product amount will be refunded to the relevant bank within 7 days after the cancellation of the order by the BUYER. Since the reflection of this amount to the accounts of the BUYER is entirely related to the bank transaction process, the BUYER accepts in advance that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account.
ARTICLE 5 - PAYMENT REFUND PROCEDURE
In cases where the CUSTOMER uses their right of withdrawal or in cases where the ordered product cannot be supplied for various reasons or in cases where a decision is made to refund the amount to the CUSTOMER by the arbitration committee, the SELLER will refund the entire amount collected to the credit card on which the collection was made in a single transaction within 14 days. By the bank, the refund of the payment is also made to the CUSTOMER credit cards in installments, at the same installment rate, as many times as the number of installments the CUSTOMER received the product. If the refund date does not coincide with the statement dates of the card, 1 (one) refund will be reflected on the card every month, and the CUSTOMER will receive the installment payments they made before the sale is completed, after the installments of the sale are completed. will have received the number of months, and it will be deducted from their existing debts.
The CUSTOMER acknowledges and undertakes that they have read and accepted this procedure.
ARTICLE 6 - RIGHT OF WITHDRAWAL
The BUYER, in distance contracts for the sale of goods, can use the right of withdrawal from the contract by rejecting the product without undertaking any legal or criminal responsibility within 14 (fourteen) business days from the date of delivery to themselves or the person/organization at the address they specified. In distance contracts related to the provision of services, this period begins on the date the contract is signed. In service contracts where the service has started with the approval of the consumer before the expiration of the right of withdrawal, the right of withdrawal cannot be used. The expenses arising from the exercise of the right of withdrawal are borne by the SELLER. In order to use the right of withdrawal, it is a requirement to submit a written notification to the SELLER by registered mail, fax, or e-mail within 14 business days, and the product must not be used within the framework of the provisions of Article 5. In this case, a) The invoice of the product delivered to the 3rd person or the BUYER must be returned. (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns of corporate orders whose invoice is not cut IADE INVOICE are not completed.) b) The petition indicating the reason for using the right of withdrawal, c) It is obligatory to return the products to be returned with the box, packaging, and, if any, the standard accessories completely and undamaged. d) The SELLER is obliged to refund the total amount and provide the documents that bind the buyer within a maximum of 10 days from the date of receipt of the withdrawal notification. The SELLER is also responsible for accepting the return of the goods within 20 days. e) If there is a decrease in the value of the goods due to a fault on the part of the BUYER or if the return becomes impossible, the BUYER is obligated to compensate for the damages incurred by the SELLER in proportion to the fault. Custom-sized and personalized products cannot be returned by the SELLER. Items such as earrings that require hygiene cannot be returned by the SELLER. The products intended for return under the right of withdrawal must be unused. Technological products with packaging opened for a single use cannot be returned by the SELLER. f) In case the amount of the Shopping Voucher utilized within the scope of the campaign falls below the amount eligible for use due to the exercise of the right of withdrawal, the utilized amount of the Shopping Voucher within the campaign is canceled.
ARTICLE 7 - COMPETENT COURT: In the application of this contract, Consumer Arbitration Committees announced by the Ministry of Industry and Commerce up to the declared value are authorized, along with Consumer Courts in the residence of the BUYER or SELLER. These are the authorities to be applied to by the Buyer.
In the event of the realization of the order, the BUYER is deemed to have accepted all the terms of this contract.
This Agreement is made for commercial purposes.
SELLER: Mimya Tekstil Sanayi Ve Tic. Ltd. Şti
BUYER: [Buyer Company or Individual Name]
DATE: [Date Information of the Agreement]