DISTANCE SELLING AGREEMENT
Article 1-Parties of the Convention
Registered Trade Name: Mode Proje ve İç Mimarlık Peyzaj İnş. Taah. Tur. Elek. San. Tic. Ltd. Şti.
Address: Kavaklıdere Mahallesi Binektaşı Sok 5/A Çankaya 06680 Ankara Turkey
Telephone / E-mail: +90 532 364 61 17 / firstname.lastname@example.org
Name - Surname / ID number
Article 2-Subject of The Agreement
Subject of this Agreement is to determine the rights and liabilities of the parties by virtue of the Turkish Law on the Protection of Consumers, No. 4077, and the provisions of the Basis and Procedures of the Distance Contracts Regulations in regard with the sale and delivery of the goods and services that are mentioned with their sale prices and have basic characteristics mentioned in the Agreement in relation with the goods of which order is placed by the Buyer in electronic media at https://misingpiece.com web site owned by the Seller.
The Buyer agrees and declares that they are clearly informed by the Seller and aware of the seller’s name, title, address, phone and other contact information and the basic characteristics of the goods/services subjected to sale, sale price inc tax, terms of payment, terms of delivery etc. as well as they are aware of all necessary preliminary information about official authorities where to submit complaints and raise an objection about goods/services subjected to sale and right of withdrawal including how to avail them of this right; and they confirm preliminary information through the electronic media and later places order for goods/services according to the provisions of this Agreement.
The preliminary information on https://misingpiece.com web site and the invoice which is issued upon an order placed by Buyer are the integrated parts of this contract.
Article 3-Subject of The Agreement / Product / Payment / Delivery Information
The type, model, quantity, sale price, terms of payment, ship-to party, delivery address, invoice information, shipment/courier fee of the product(s) purchased electronically are as follows. The person who will be billed is required to be the same with the person who makes this contract. The following information must be accurate and complete. The Buyer accepts to fully indemnify all the losses and damages that resulted by giving missing or wrong information, including all the responsibilities accordingly.
The Seller reserves the right to suspend or terminate the order when deemed necessary if the information provided by the Buyer does not match up with the reality. In the case of finding out a problem concerning an order or failing to reach the Buyer by phone, email and mail address provided by the Buyer, then the Seller shall have right to suspend the order processing for 15 (fifteen) days. It is expected that the Buyer will contact the Seller during such this period. If there is no response from the Buyer during this time, then the Seller shall cancel the related order to prevent damage to both sides.
Product name, code: ; … pcs.
Total Sale Price: …. –TL/USD/EURO
Means of Payment: Credit Card / CASH
Tax ID number:
Cargo charge: … -TL/USD/EURO
Article 4-Contract Date and Force Majeure
Contract Date is ../../…. the date of the order placed by the Buyer.
Natural disasters, war, terrorism, riots, changed legislation, confiscation or strike, lockout, significant breakdown in the production and communication facilities etc.., as well as reasons beyond the reasonable control of the Parties, and which did not exist or could not have been anticipated at the signing date of this Agreement, which prevent and/or delay either or both of the Parties performing their obligations in full or partial hereunder shall be deemed as a force majeure event. The Party faced with a force majeure event shall immediately notify the other Party in writing. The performance of the Parties shall be suspended throughout the period of a force majeure event. The Parties shall not be liable to perform their obligations fully and promptly due to the force majeure.
If a force majeure event continues for 30 (thirty) days, either Party shall have the right to unilaterally terminate this Agreement.
Article 5-Rights and Obligations of the Seller
5.1. The Seller acknowledges and undertakes to fulfill its obligations subject to this Agreement except circumstances of the force majeure in accordance with Turkish Law No. 4077 on the Protection of Consumers and the provisions of the Basis and Procedures of the Distance Contracts Regulations.
5.2. No one under 18 (eighteen) is permitted to shop online via https://misingpiece.com. The Seller will rely on the age indicated by the Buyer in this contract. However, the Seller shall not be held liable due to the age of the Buyer written wrong or mistyped.
5.2. http://misingpiece.com shall not be liable if any information on this site contains typographical errors or inaccuracies that may relate to pricing based on system failure. Therefore, the Seller shall not be liable for any errors that may relate to pricing, promotions and offers on the internet caused by any design or system failure or inappropriate interventions by unauthorized users. No claims against the Seller will be allowed based on system failure.
5.3. You may use a credit card (Visa, Master Card , etc. ) or bank transfer when shopping online via https://misingpiece.com. Orders which the related remittance has not been made in full within a week after the date of the order, shall be cancelled. The time when an order is put into process is not the time of placing an order but it is the moment when the necessary payment is made through your credit card or when your bank transfer (electronic funds transfer – EFT) is deposited securely into Seller's bank accounts. Payment methods by wire transfer or postal cheque without contacting the customer service shall not be accepted.
Article 6-Rights and Obligations of the Buyer
6.1. The Buyer acknowledges and undertakes to fulfill their obligations subject to this agreement except circumstances of the force majeure.
6.2. By placing order, the Buyer acknowledges and undertakes that they have confirmed provisions of this agreement and shall make all payments complying with the method of payment specified by this agreement.
6.3. The Buyer agrees and declares that they are aware of the Seller’s name, title, address, telephone and other contact information and the basic characteristics of the goods/services subjected to sale, sale price inc tax, terms of payment, terms of delivery etc. as well as they are aware of all necessary preliminary information about official authorities where to submit their complaints and raise any objection about goods/services subjected to sale and right of withdrawal including how to avail themself of this right and has confirmed those preliminary information via https://misingpiece.com website.
6.4. Depending on previous article, the Buyer declares that they have read the information via https://misingpiece.com/ about returns and terms and conditions regarding placing an order, terms of payment, product usage instructions and measures that are taken against possible situations including warnings and finally given the necessary confirmation electronically.
6.5. The Buyer when trying to return a product, they agree and undertakes that a returned product must be unused and in the same condition and original packaging with the original invoice and delivery note as a proof of purchase in which they received it.
Article 7-Ordering / Payment Procedure
Alışveriş sepetine eklenen ürünlerin KDV dahil TL tutarı (Taksitli işlemlerde toplam taksit tutarları) alıcı tarafından onaylandıktan sonra, ilgili banka kartının posu üzerinden işleme alınır. Bu nedenle siparişler, sevk edilmeden
önce müşteriye sipariş onay maili gönderilir. Sipariş Onay maili gönderilmeden sevkiyat yapılmaz.
In case of any disruption in the process or any problems may arise with respect to credit cards, will be informed to the Buyer by phone/fax/e-mail indicated in the contract by the Buyer, as long as it is known by the SELLER. Also the Buyer may be requested to check with his/her/its bank if necessary. The time when an order is put into process is not the time of giving an order but it is the moment when the necessary payment is made through your credit card or when your bank transfer (electronic funds transfer – EFT) is deposited securely into bank accounts.
If the Seller cannot supply the ordered product due to an exceptionally right reason or if the stock problems arise, the Buyer is clearly informed. In the case of the Buyer confirmation in such a situation, other product with an equal quality/price or other new product selected by the Buyer can be sent. Or the parties can wait conditions blocking the delivery to be removed or the order can be cancelled by the Seller or the Buyer.
In the cases that the delivery of the ordered product becomes impossible; the Buyer is informed, all the payments are paid back, documents that is a liability for him/her are returned in ten days at most, and the contract is cancelled. In such a situation, the Buyer will not have right to claim any financial and emotional damage from the Seller.
The shopping from https://misingpiece.com can be done via wire transfer for those who do not want to share credit card information. The Buyer can choose the bank they wish and make the transfer. If the payment is made by EFT; the date when EFT is deposited into the Seller's bank accounts, shall be taken in consideration. While transferring money, the Buyer is required to provide the name of the sender (must be same with the name in the bill) and the order number.
If the bank or the financial institution refuses to transfer the funds to the Seller due to illegal usage of a credit card, the Buyer has to send the delivered products within 10 (ten) days to the Seller. In this case, shipping charges belong to the Buyer.
If the Buyer prefers to pay by credit card; the Buyer accepts, declares and undertakes to confirm the information from the bank about relevant interest rates and default interest, the provisions of interest and default interest will be applied within the scope of the credit card contract signed between the Bank and the Seller in accordance with the applied legislation provisions.
Article 8-Shipping / Delivery Procedure
Upon sending e-mail for confirmation of the order, the product(s) shall be delivered to the address of the Buyer with the courier company that the Seller agreed.
The products will be delivered to the address of the Buyer by the shipping company that the Seller agreed. The Seller delivers the product in 15 (fifteen) days after the order confirmation e-mail is sent and the contract is in force. The Seller can extend this period for at most 10 more days by notifying the Buyer with a constant data carrier or written document.
The products are sent to the areas that are not covered by the shipping company as call to collect items.
The delivery period can be extended in the case that delivery address is among those the shipping company delivers once a week, that delivery information is incorrect or missing, and that some social or natural events like natural disasters. These extensions do not bring any responsibilities to the Seller. The Seller is not responsible for any situations that the authorized person for delivery rejects to take the delivery, extra cargo expenses if the authorized person for delivery is not available in the time of delivery, and misinformation about the delivery address. If the products(s) is/are not delivered on the agreed time, the Buyer is to immediately inform the Seller via customer service.
In the case of damaged packaging, the Buyer should not take the delivery of the damaged package and have the delivery officer to prepare an official report. If the delivery officer disagrees with the package is damaged; the Buyer shall have the right to have the package opened and inspected and then prepared an official report by the delivery officer. After the package is taken by the Buyer, it is accepted that the shipping company completed its job properly. If the package is not taken and an official report is prepared, the copy of the report should be sent to the Customer Services immediately.
Article 9-Return and Withdrawal Procedures
The Buyer has the right to withdraw the contract without showing any reason and paying any penalty expenses within seven days starting from the day they take the delivery of the product. In order for return procedures to be done in accordance with Turkish Tax Procedure Law No 385, the Buyer is required to send a copy of 2 bill pages of the product after fully completing the empty space at the bottom of it provided for returns and signing it. The right of withdrawal period begins from the day when the goods delivered to the Buyer. Returning expenses belong to the Buyer.
The Buyer does not have the right of withdrawal if the orders have been specifically prepared and customized according to the personal needs or wishes of the Buyer.
After the return notification with the product and the bill is delivered to the Seller; all the payments are refunded, document that is a liability for the Buyer are returned in ten days at most, and the contract is cancelled.
Possible decrease in the value of a delivered product is not an obstacle for the use of the right of withdrawal. However, if the loss of value is due to the fault of the Buyer, they are required to compensate the Seller's loss.
For the products which are purchased mistakenly, general return period is also seven days. Within this period; opened the package of the product, used or damaged products will not be accepted as return and the price will not be refunded.
For the products which are purchased by mistake, if the package of the product is opened, used or broken or damaged etc and if a product is not in the original condition and intact packaging in which was received before, will not be accepted as a return and the price will not be refunded.
For the return of the product, firstly customer services should be informed. Information of sending the returned product is submitted to the customer by the Seller. Then, after other procedures mentioned above are completed, delivery of the returned product must be done with the same cargo company that the Seller sent the product. In the case of the product is returned appropriately as mentioned in this contract, the return is accepted and the payment is done back to the credit card/bank account. No refund of payment shall be made unless the product is returned. Reflection of the payment to the bank account is under the responsibility of the bank.
If the shopping is made by credit card and in installments, the credit card refund procedure is arranged by bank based on the same installment requested by the Buyer to purchase a product. In case of the credit card refund for installments payments made by the Buyer through Bank POS; the amount of requested refund is transferred in installments again, to the account of the related holder, by bank not to put the involved parties in a difficult situation after the payment is made in full at one time to the bank by the Seller. The Buyer’s refund will be processed for the installment amounts which the Buyer pays until the purchase is canceled, and a credit will automatically be applied to the Buyer’s credit card just like the original method of payment; each month a credit will automatically be applied to the credit card and it will be reduced from the current debt until the same number of months as the number of installments.
In case of returned of products and services paid by credit card, the Seller shall not arrange any refund of payment in cash due to the the agreement made with the Bank. When a refund of payment is concerned, the Seller shall perform transactions via the related software; because of the Seller is obliged to pay the related amount in cash or on account to the Bank, can not make any payment in cash to the Buyer in accordance with the procedure mentioned as above The credit card refund procedure is arranged by bank upon the payment made in full at one time to the bank by the Buyer in accordance with the procedure mentioned as above.
The products that are used and cleaned in accordance with instructions is under warranty based on the conditions below during 2 (two) years for any kind of manufactural damage. The responsibility of the Seller is only for the Buyer who is subject to the Turkish Law numbered 4077. Those who have the commercial qualifications shall be subjected to the regulations of Turkish Commercial Code.
Alıcı tarafından iş bu sözleşmede belirtilen bilgiler ile ödeme yapmak amacı ile satıcıya bildirdiği bilgiler satıcı tarafından 3. şahıslarla paylaşılmayacaktır.
Satıcı bu bilgileri sadece idari/ yasal zorunluluğun mevcudiyeti çerçevesinde açıklayabilecektir. Araştırma ehliyeti belgelenmiş her türlü adli soruşturma dahilinde satıcı kendisinden istenen bilgiyi elinde bulunduruyorsa ilgili makama sağlayabilir.
Kredi Kartı bilgileri kesinlikle saklanmaz,Kredi Kartı bilgileri sadece tahsilat işlemi sırasında ilgili bankalara güvenli bir şekilde iletilerek provizyon alınması için kullanılır ve provizyon sonrası sistemden silinir.
Alıcıya ait e-posta adresi, posta adresi ve telefon gibi bilgiler yalnızca satıcı tarafından standart ürün teslim ve bilgilendirme prosedürleri için kullanılır. Bazı dönemlerde kampanya bilgileri, yeni ürünler hakkında bilgiler, promosyon bilgileri alıcıya onayı sonrasında gönderilebilir.
Article 12-Authorized Court and Enforcement Offices In Case Of Disputes
In case of a dispute arising from the implementation of this contract, Arbitration Committees for Consumers and the Consumer Courts in Ankara are authorized up to the value declared in December of each year by the Turkish Ministry of Customs and Trade.
In case of placing an order firmly, the Buyer is considered to accept all the conditions of this contract.