Distance Sales Agreement
1. PARTIES
This Agreement; / (hereinafter referred to as "BUYER" in the contract) at the address of Feyzullah mah. Şehit Hikmet Alp cad. No:12/2 Maltepe /İstanbul, between Mama-Yoyo Baby&Kids (hereinafter referred to as the "SELLER" in the Contract) within the framework of the terms and conditions stated below.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection,
REGULATION: Regulation on Distance Contracts,
SERVICE: Subject of any consumer transaction other than providing goods made or promised to be performed in return for a fee or benefit,
SELLER: A natural or legal person who offers goods to the consumer for commercial or professional purposes, or acts on behalf of or on behalf of the supplier, including public legal entities,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER named www.mamayoyo.com.tr,
ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER named www.mamayoyo.com.tr,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to movable goods, immovable properties for residence or holiday purposes, and software, audio, video and similar intangible goods prepared for use in electronic environment.
3. SUBJECT
The subject of this Agreement; It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts dated 27.11.2014, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER. . The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period. By accepting this distance sales contract, the BUYER accepts in advance that if the subject of the contract approves the order, it is under the obligation to pay the price of the order and the additional fees specified, if any, such as shipping fee and tax, and that it has been informed about it.
4. SELLER INFORMATION
Title: Mama-Yoyo Baby&Kids
Address: Feyzullah mah. Sehit Hikmet Alp Cad. No:12/2 Office Floor Maltepe Istanbul
Phone: 0552 297 62 96
E-mail Address: [email protected]
5. BUYER INFORMATION
Delivery Person:
Delivery address: /
Telephone:
6. ORDERING PERSON INFORMATION (Hereinafter referred to as ORDERING PERSON.)
Name/Surname/Title:
Address: /
Telephone:
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
7.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are available on the website of the SELLER. You can examine the main features of the product in detail.
7.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Name of the product:
Total amount:
Delivery address:
Delivery Person:
Billing address:
Order date:
Delivery Date:
Delivery Type:
8. GENERAL PROVISIONS
8.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. BUYER's; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
8.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section on the website, depending on the distance from the BUYER's place of residence, provided that the legal period of 30 days is not exceeded. If the consumer does not fulfill his obligation within this period, the consumer may terminate the contract.
8.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required for the job, and to perform the work in accordance with the standards, in a sound manner, free from all kinds of defects, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
8.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
8.5. If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it shall notify the BUYER in written or permanent data storage within 3 (three) days from the date of learning of this situation and notify the entire payment, including delivery costs, if any. It accepts, declares and undertakes that it will return it to the BUYER within 14 (fourteen) days from the date of
8.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and in case the contract product price is not paid and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will end.
8.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER's expense.
8.8. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure circumstances such as the occurrence of unforeseen circumstances that prevent and/or delay the fulfillment of the parties' debts, which develop out of the will of the parties, the SELLER accepts that it will notify the BUYER within 3 (three) days of the situation. and commits. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery period until the obstacle is removed. In case of cancellation of the order by the BUYER, in the payments made by the BUYER in cash, the product amount is paid to him in cash and in one lump sum within 14 (fourteen) days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 (fourteen) days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the SELLER cannot hold the SELLER responsible for possible delays, as the fact that the amount returned by the SELLER to the credit card is reflected by the bank to the BUYER's account is entirely related to the bank transaction process.
8.9. Communication, marketing, notification and communication via letter, e-mail, SMS, telephone call and other means of the SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him later. has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
8.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
8.11. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
8.12. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately, in cash and in advance, indemnify all losses incurred by the SELLER due to the untrueness of this information.
8.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
8.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
8.15. On the website of the SELLER, links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
8.16. The member who violates one or more of the articles listed in this membership agreement is personally liable criminally and legally for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
9. INVOICE INFORMATION
Name/Surname/Title:
Address: /
Telephone:
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In distance contracts related to the sale of goods, the product can use its right to withdraw from the contract by refusing financially, without giving any reason, within 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated. In distance contracts related to service provision, this period starts from the date of signing the contract. The BUYER must have sent the notification regarding the use of the right of withdrawal to the SELLER within this period. Before accepting the distance contract or any corresponding offer, the BUYER is informed by the seller or supplier in a clear and understandable manner that he will be under the obligation to pay if he approves the order, and the details are specified in the regulation, and the BUYER accepts in advance that he has been informed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product has not been used in accordance with the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated under the heading of Article 11. In case of exercising this right ,
a ) The invoice of the product delivered to the 3rd person or the BUYER, (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 it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b ) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total amount collected and the documents that put the BUYER under debt within 14 days at the latest from the receipt of the withdrawal notification to the BUYER and to return the goods within 10 days.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of his fault.
f ) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
10.3. The full address, fax number and e-mail information to which the withdrawal notification will be made are as follows:
Title: Mama Yoyo Baby&Kids
Address: Feyzullah mah Şehit Hikmet Alp Cad. No:12/2 Office Floor Maltepe Istanbul
Phone: 0552 297 62 96
E-mail Address: [email protected]
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The packaging of the goods, which are prepared according to the wishes of the BUYER or clearly according to his personal needs, which are not suitable for return, underwear bottoms, swimwear and bikini bottoms, disposable products, which are in danger of spoiling quickly or which are likely to expire, have been opened by the BUYER. refund is not possible in accordance with the Regulation. Personal care products, underwear products, swimwear, bikinis, etc. Products can be returned if they are unopened, untested, intact and unused.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
13.1. The parties have accepted that the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and where the residence is located, will be authorized up to the value announced by the Ministry arising from the implementation and interpretation of the Contract.
13.2. The SELLER can make its applications regarding complaints and objections to the arbitral tribunal or the consumer court for consumer problems in the place of residence or where it has purchased the goods or services within the monetary limits determined by the Ministry. The information regarding the monetary limit is as follows: Effective from 28/05/2014: In disputes with a value below 2,000,00 TL (Two Thousand Turkish Liras), District Consumer Arbitration Committees, 3,000,00 TL (Three Thousand Turkish Liras) It is obligatory to apply to the Provincial Consumer Arbitration Committees in disputes under the following terms, and to Provincial Consumer Arbitration Committees in disputes between 2,000,00 TL and 3,000,00 TL (Two Thousand Turkish Liras and Three Thousand Turkish Liras) in provinces with metropolitan status. It is not possible to apply to Consumer Arbitration Committees for disputes above these values.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
In the event that the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements to ensure that the said Agreement cannot be placed on the site without obtaining the confirmation that the BUYER has read and accepted it.