DISTANCE SELLING AGREEMENT
This Agreement has been signed between the following parties in accordance with the terms and conditions set forth below.
‘BUYER’; (Hereinafter referred to as “BUYER”)
‘SELLER’; (Hereinafter referred to as “SELLER”)
NAME-SURNAME: MyLiz Tekstil Sanayi ve Ticaret Limited Şti. ADDRESS: Kağıthane Merkez Mahallesi Kağıthane Caddesi No:5 Dap Vadi Ofisleri Y Blok Kat:3 Ofis No:92-93 Kağıthane Istanbul
By accepting this agreement, BUYER agrees that in the event of confirming the order subject to this agreement, they will be under obligation to pay the amount of the order subject and any additional charges such as shipping fee, taxes, etc., and acknowledges that they have been informed in this regard.
The terms written below in this agreement will represent the written explanations opposite them during the application and interpretation of this agreement.
MINISTER : The Minister of Customs and Trade,
MINISTRY : The Ministry of Customs and Trade,
LAW : The Law No. 6502 on the Protection of the Consumer,
REGULATION : The Regulation on Distance Selling (RG:27.11.2014/29188)
SERVICE : The subject of any type of consumer transaction other than providing goods in exchange for a fee or benefit,
SELLER : The company providing or offering goods to the consumer within the scope of its commercial or professional activities or acting on behalf of or on behalf of the provider of goods,
BUYER : The real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE : The internet site belonging to the SELLER,
ORDERING PARTY: The real or legal person who requests a good or service through the internet site of the SELLER,
PARTIES : SELLER and BUYER,
AGREEMENT : This agreement entered into between the SELLER and BUYER,
GOODS : Expresses movable goods subject to purchase and intangible goods such as software, sound, image, etc., prepared for use in electronic media.
This agreement regulates the rights and obligations of the parties according to the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below with its characteristics and sale price, which the BUYER ordered electronically through the website of the SELLER.
The listed and advertised prices on the site are the sale prices. The advertised prices and promises are valid until updated and changed. The prices advertised for a certain period are valid until the end of the specified period.
The SELLER’s information is as follows: Title: MyLiz Textile Industry and Trade Limited Co. Address: Kağıthane Merkez Mahallesi Kağıthane Caddesi No:5 Dap Vadi Offices Y Block Floor:3 Office No:92-93 Kağıthane Istanbul Telephone: (0212) 219 28 98 Email: [email protected]
- BUYER INFORMATION
Delivery person Delivery address Phone Fax Email / username
- INFORMATION OF THE ORDERING PERSON
Name / surname / title
Address Phone Fax Email / username
INFORMATION ON THE SUBJECT MATTER OF THE AGREEMENT / PRODUCTS
The basic features of the product / service (type, quantity, brand / model, color, number) are published on the SELLER’s website. If the seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the campaign date.
7.2. The listed and advertised prices are the sales prices. The advertised prices and promises are valid until updated and changed. The prices advertised periodically are valid until the end of the specified period.
7.3. The all-inclusive sales price of the subject matter of the agreement or service is shown below.
Unit Price Subtotal (Including VAT)
Payment Method and Plan
Person to be Delivered to
7.4. The shipping fee, including the cost of product shipment, will be paid by the BUYER.
- INVOICE INFORMATION
Address Phone Fax Email/Username Invoice Delivery: The invoice will be delivered to the invoice address along with the order during the delivery of the order.
- GENERAL TERMS
9.1. The BUYER accepts, declares and undertakes that he has read and is aware of the basic characteristics of the product subject to the contract, the sales price and the payment and delivery terms, on the internet site belonging to the SELLER, and that he has given the necessary confirmation in the electronic environment. The BUYER accepts, declares and undertakes that he has obtained the address to be given to him by the SELLER before the conclusion of the distance sales contract, the basic characteristics of the products ordered, the prices of the products including taxes, and the payment and delivery information, accurately and completely.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the time frame specified in the preliminary information section on the internet site, provided that it does not exceed the 30-day legal period. If the product is not delivered to the BUYER within this period, the BUYER shall have the right to terminate the contract.
9.3. The SELLER agrees to deliver the product subject to the contract in a complete and complete manner, in accordance with the specifications specified in the order and, if any, warranty documents, user manuals, information and documents required for the job, free from defects, in a sound and standard manner in accordance with legal requirements, to perform the work in accordance with the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary attention and care during the execution of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the expiration of the obligation arising from the contract.
9.5. If the SELLER is unable to fulfill its obligations under the contract due to the impossibility of delivering the ordered product or service, the SELLER agrees to inform the consumer in writing within 3 days of learning of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The buyer agrees to confirm the agreement electronically for the delivery of the product and states that in case the payment of the product price is not made and/or is cancelled in the bank records, the seller’s obligation to deliver the product will come to an end.
9.7. The buyer agrees to return the product to the seller within three days, including the cost of shipping, if the buyer’s credit card is used fraudulently and the product price is not paid to the seller by the relevant bank or financial institution.
9.8. If the seller is unable to deliver the product within the agreed time frame due to unforeseen and uncontrollable events, such as acts of nature, the seller will inform the buyer. The buyer has the right to request the cancellation of the order, the replacement of the product with a similar one or the postponement of delivery until the obstructive condition has been resolved. If the buyer cancels the order, the cash payments made by the buyer will be refunded within 14 days. If the payment was made by credit card, the amount will be refunded to the relevant bank within 14 days and the average time for the refund to reflect in the buyer’s account is 2 to 3 weeks. The buyer acknowledges that the refund process is completely dependent on the bank’s procedures and any delays are not the responsibility of the seller.
9.9 The SELLER has the right to reach the BUYER through letters, email, SMS, phone calls, and other means of communication for purposes of communication, marketing, notifications, and other purposes, using the address, email address, landline and mobile phone numbers, and other contact information specified by the BUYER in the registration form on the website or updated later by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities.
9.12. The BUYER acknowledges that the personal and other information provided to the SELLER when registering on the SELLER’s website is accurate and undertakes to compensate the SELLER for all damages incurred due to the inaccuracy of this information, immediately and in full, upon the SELLER’s first notification.
9.13. The BUYER agrees to comply with legal provisions and not to violate them when using the SELLER’s website and undertakes that in the event of a breach, all legal and criminal liabilities will be borne solely and exclusively by the BUYER.
9.14. The BUYER agrees not to use the SELLER’s website in a manner that disrupts public order, violates general morality, annoys and harasses others, or for illegal purposes, and not to infringe on others’ material and moral rights. Furthermore, the BUYER may not engage in activities that prevent or make it difficult for others to use the services (such as spamming, viruses, Trojan horses, etc.).
9.15. The website of the SELLER may contain links to other websites or contents that are not under the control of the SELLER and/or are owned and/or operated by third parties. These links are provided for the convenience of the BUYER and do not imply any endorsement of the websites or the individuals operating the sites. They do not carry any guarantee regarding the information contained in the linked websites.
9.16. The BUYER, who violates one or more of the provisions of this agreement, is personally responsible and will compensate the SELLER for any legal or criminal consequences resulting from such violations. Furthermore, if the event is transferred to the legal arena, the SELLER has the right to claim compensation for the BUYER’s failure to comply with the membership agreement.
- RIGHT OF WITHDRAWAL
10.1. In case of a distance contract related to the sale of goods, the BUYER may use the right of withdrawal and reject the goods without incurring any legal or criminal liability and without providing any reason, within 14 (fourteen) days from the delivery date, by informing the SELLER, provided that the product is delivered to the BUYER or to the person/entity indicated by the BUYER. In the case of distance contracts related to the provision of services, this period shall start from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts for which services have begun with the consumer’s approval before the end of the withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
10.2. To exercise the right of withdrawal, written notice must be given to the SELLER by registered mail, fax, or email within 14 (fourteen) days. The product must not have been used within the framework of the provisions “Products for Which the Right of Withdrawal Cannot be Exercised” set out in this contract. If the right of withdrawal is exercised, the SELLER shall refund the amount paid by the BUYER without undue delay, but no later than 14 (fourteen) days from the date on which the SELLER is informed of the BUYER’s decision to exercise the right of withdrawal.
a) Invoice of the product delivered to the 3rd person or to the BUYER (if the invoice of the product to be returned is corporate, the return invoice issued by the company must be sent together with the return. Orders made on behalf of companies for the return of products will not be completed without the ISSUANCE OF A RETURN INVOICE).
b) Return form,
c) The box, packaging, and if any, standard accessories of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to return the total amount and the documents that put the BUYER in debt within 10 days at the latest from the arrival of the withdrawal notification and to receive the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the fault of the BUYER or if it becomes impossible to return the goods, the BUYER is obliged to compensate the SELLER’s damages to the extent of the fault of the BUYER. However, the BUYER is not responsible for changes and deterioration that may occur as a result of the proper use of the goods or products within the right of withdrawal period.
f) In the event that the campaign limit amount issued by the SELLER falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount benefited within the scope of the campaign will be canceled.
11. PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL
Underwear bottom parts, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after delivery to the BUYER, products that mix with other products after delivery and cannot be separated by nature, Except for those provided within the scope of the subscription agreement, goods related to periodicals such as newspapers and magazines, services performed instantly in electronic media or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging is opened by the BUYER, it is not possible to return them in accordance with the Regulation. In addition, before the expiration of the right of withdrawal period, it is not possible to use the right of withdrawal regarding the services started to be performed with the approval of the consumer in accordance with the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untested, intact and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if he/she defaults in the event that he/she makes payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may request the costs and attorney fees from the BUYER and in any case, if the BUYER defaults due to the BUYER’s debt, the BUYER accepts, declares and undertakes that the BUYER will pay the damage and loss 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 made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made within the monetary limits specified in the following law. Information on the monetary limit is below:
To be valid as of 28/05/2014:
a) In accordance with Article 68 of the Law No. 6502 on the Protection of Consumers, to the district consumer arbitration committees in disputes with a value below 2.000,00 (two thousand) TL,
b) Provincial consumer arbitration committees in disputes with a value below 3.000,00 (three thousand) TL,
c) In provinces with metropolitan status, applications are made to provincial consumer arbitration committees in disputes between 2.000,00 (two thousand) TL and 3.000,00 (three thousand) TL.
This Agreement is made for commercial purposes.
The BUYER is deemed to have accepted all the terms of this contract when he/she makes the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.
SELLER:MyLiz Tekstil Sanayi ve Ticaret Limited Şti.