EMİRE TEKSTİL MAĞAZACILIK İTH. İHR. SAN. TİC. LTD. ŞTİ.
Tax Number: Osmangazi VD / 3340562596
Address: Soganli Neighborhood Istanbul Street No: 335-337 16190 Osmangazi / Bursa / TURKIYE
Mobile: +90 551 633 14 03
Mobile: +90 224 222 91 11
WhatsApp: +90 506 312 20 82
DISTANCE SALES AGREEMENT
SUBJECT OF THE CONTRACT AND THE PARTIES
1.1 This contract determines the rights and liabilities of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale of products and services done by the Consumer whose detailed information is given below from marinaburkini.com which is operated by the Seller (hereinafter referred to as WEBSITE) and delivery of the products to the delivery address.
1.2. Consumer admits and declares that he/she has the information about the basic qualifications, the sale price, the type of payment, the conditions of delivery and the right to “withdraw” regarding the goods or services subject to sale, that he/she confirmed the preliminary informing in electronic environment and the preliminary then ordered the goods or services in accordance with the provisions of this contract. The preliminary informing and the invoice in the payment page of marinaburkini.com website, are integral parts of this contract.
1.3. SELLER INFORMATION
Name: Marina Swimwear
Soganli Neighborhood Istanbul Street No: 335-337 16190 Osmangazi / Bursa / TURKIYE
Tel: +90 506 312 20 82
1.4. CONSUMER INFORMATION
Name surname / Title:
ARTICLE 2 – DATE OF CONTRACT
2.1. This agreement was concluded by the parties on ……, the date when the order of the Consumer was completed on the WEBSITE and a copy of the contract was sent to the e-mail address of the CONSUMER.
ARTICLE 3 – PRODUCTS AND SERVICES SUBJECT TO CONTRACT
3.1. The details of the products and services ordered by the consumer, the sales amounts including the taxes and information about the number are listed below. All of the products listed in the following table are hereinafter referred to as the Product.
ARTICLE 4 – DELIVERY OF PRODUCTS
4.1. The Product is delivered to the delivery address specified by the Consumer on the WEBSITE or the person / organization at the address indicated by him / her in the latest 30 days, packed and together with the invoice.
In the event that the fulfilling the act of the goods or services subject to the order becomes impossible, the seller notifies the consumer in writing or in the Consumer Data Saver within three days from the date of learning of this situation and returns all payments collected, including the delivery costs, if any, within four days (14) at the latest. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.
4.2. If the product is to be delivered to another person / organization than the Consumer, the SELLER shall not be held liable if the person / organization to be delivered will not accept the delivery.
4.3. The consumer is responsible for checking the product at the time of receipt and when he/she sees a problem arising from the cargo in the Product, not accepting the Product and getting the courier company officer take a statement down. Otherwise, the Seller shall not accept any liability.
ARTICLE 5 – PAYMENT METHOD
5.1. The consumer accepts, declares and undertakes that, since forward sales can be made only by credit cards of banks, the Consumer shall confirm the relevant interest rates, default interest and relevant information; and provisions regarding the interest rate and default interest will be applied within the scope of the credit card agreement between the Bank and the Customer pursuant to the provisions of regulations in force. Credit / installment card and similar payment facilities provided by institutions giving credit card, installment card etc. such as banks and financing institutions are the possibility of a loan and / or installment payment provided directly by the related institution; The product sales which are realized within this framework and in which the Seller collected the relevant amount fully shall not be counted as installment sales in respect of the parties to this Agreement, they are cash sales. The legal rights of the seller in the cases deemed to be installments sale by the law (including the right to terminate the contract and / or claiming remaining debt to be paid together with the default interest, in case any of the installments are not paid) are available and reserved. In case of default of the consumer, a default interest of 5% per month is applied.
ARTICLE 6 – GENERAL PROVISIONS
6.1. The consumer agrees that he/she read and is aware of the preliminary information regarding the basic qualifications, sales price and payment method and delivery of the products which are shown in the WEBSITE have read and informed the basic qualifications, sales price and payment method and the preliminary information about the delivery and gave the necessary confirmation for the sale in the electronic environment.
6.2. By confirming this agreement in electronic environment, the Consumer confirms that he/she has accurately and completely obtained the address, basic features of the products ordered, product prices including tax, payment and delivery information and information about the right of withdrawal.
6.3. The seller is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.
6.4. The seller may supply a different product at the same quality and price to the Consumer before the contractual performance obligation expires.
6.5. If the seller fails to fulfill the contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, the seller shall inform the consumer before the expiry of the fulfillment obligation arising from the contract and supply a different product with equal quality and price to the Consumer.
6.6. For the delivery of the product subject to the contract, it is obligatory that the signed copy of this agreement is delivered to the Seller in electronic environment and the price has been paid by the Consumer’s preferred form of payment. If the product price is not paid or canceled in the bank records for
any reason, the Seller shall be deemed to have been released from the delivery of the product.
6.7. In case the Bank / financing institution to which the credit card is used belongs does not pay the Product to the Seller for any reason after the delivery of the product, the Product shall be returned to the Seller by the Consumer at the latest within 3 days, all expenses shall be borne by the Consumer. All other contractual and statutory rights of the Seller, including the follow-up of the Product price, shall be reserved in any case.
6.8. In the event that the fulfillment of the acts of the goods or services performed in the order becomes impossible, the seller notifies the consumer in written or with permanent data storage within three days from the date of learning of this situation and all the payments collected, including the delivery costs, if any, shall be returned within fourteen (14) days at the latest starting from the date of notification. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.
6.9. If a consumer wants to exchange the product, she/he will need to send it to our company manually. Then our company is going to exchange the product with the consumer.
6.9.1 By signing this agreement consumer agrees that he/she is responsible for paying customs taxes if he/charged by his/her country at the delivery process.
7- Product Delivery Processes
7.1. The product is delivered to the delivery address specified by the Consumer on the WEBSITE or to the person / organization at the address indicated by him / her within 30 days at the latest, in a secured way and packed together with its invoice. In the event that the fulfillment of the acts of the goods or services performed in the order becomes impossible, the seller notifies the consumer in written or with permanent data storage within three days from the date of learning of this situation and all the payments collected, including the delivery costs, if any, shall be returned within fourteen (14) days at the latest starting from the date of notification. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.
7.2. If the product is to be delivered to another person / organization than the consumer, and if the person / organization does not accept the delivery the seller shall not be held liable.
7.3. The consumer is responsible for checking the product at the time of receipt and when he/she sees a problem arising from the cargo in the Product, not accepting the Product and getting the courier company officer take a statement down. Otherwise, the Seller shall not accept any liability.
Article 8 – Exchange Products
Please see: Returns/Refunds/Exchanges
ARTICLE 9- EVIDENCE AGREEMENT AND AUTHORIZED COURT
9.1. In the resolution of any dispute that may arise from this Agreement and / or its implementation, Seller records (including recordings in the magnetic environment such as computer-audio records) constitute conclusive evidence; Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade; and Consumer Courts and Directorates of Debt Collection located in residential region of the consumer and the seller are authorized for the values exceeding it.
9.2. The consumer declares, accepts and undertakes that he / she has read all the conditions and explanations written in this Contract and the Order Form constituting its integral part, has received, examined and accepted the sales terms and all other preliminary information.