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DISTANCE SALES AGREEMENT

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement is concluded between the parties under the following terms and conditions.

‘BUYER’ (hereinafter referred to as the "BUYER")

  • Name-Surname:
  • Address:

‘SELLER’ (hereinafter referred to as the "SELLER")

  • Name-Surname:
  • Address:

By accepting this agreement, the BUYER agrees in advance to pay the price of the order and any additional costs such as shipping fees and taxes, if applicable, upon approval of the order.

2. DEFINITIONS

The terms mentioned in this agreement shall have the following meanings:

  • MINISTRY: Ministry of Customs and Trade
  • MINISTER: Minister of Customs and Trade
  • LAW: Law No. 6502 on Consumer Protection
  • REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
  • SERVICE: All consumer transactions other than the provision of goods, performed or promised to be performed for a fee or benefit.
  • SELLER: A company that provides goods to the consumer within its commercial or professional activities or acts on behalf of or for the account of the provider of goods.
  • BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for purposes other than commercial or professional activities.
  • SITE: The website belonging to the SELLER.
  • ORDERING PARTY: A natural or legal person who requests a good or service from the SELLER through the website.
  • PARTIES: The SELLER and the BUYER.
  • AGREEMENT: This contract concluded between the SELLER and the BUYER.
  • GOODS: Movable property that is subject to shopping and intangible goods such as software, sound, and visuals prepared for use in electronic environments.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product ordered electronically by the BUYER through the SELLER's website, as specified in the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

The prices listed and announced on the site are the sales prices. Unless updated and changed, the announced prices and commitments are valid. Prices announced for a limited time are valid until the specified date.

4. SELLER INFORMATION

  • Title: Mehmet Gökpınar
  • Address: Kireçburnu Mah, Kireçburnu Cami Sok, No:19 D.4 Sarıyer, Istanbul
  • Tax Office: Maslak V.D 4040250936
  • Phone: +90 535 601 80 17
  • Email: info@mgsshop.com

5. BUYER INFORMATION

  • Delivery Recipient:
  • Delivery Address:
  • Phone:
  • Fax:
  • Email/Username:

6. ORDERING PARTY INFORMATION

  • Name-Surname/Title:
  • Address:
  • Phone:
  • Fax:
  • Email/Username:

7. PRODUCT(S) SUBJECT TO THE AGREEMENT

7.1. The main characteristics (type, quantity, brand/model, color, quantity) of the goods/product(s)/service are published on the SELLER's website. If a campaign is organized, you can review the basic features of the relevant product during the campaign period. Campaign prices are valid until the campaign date.

7.2. The prices listed and announced on the site are the sales prices. Announced prices and commitments are valid unless updated and changed. Campaign prices for a limited time are valid until the specified date.

7.3. The total sale price of the goods or services subject to the Agreement, including all taxes, is shown below:

  • Product Description:

  • Quantity:

  • Unit Price:

  • Subtotal (VAT Included):

  • Shipping Cost:

  • Total:

  • Payment Method and Plan:

  • Delivery Address:

  • Recipient:

  • Invoice Address:

  • Order Date:

  • Delivery Date:

  • Delivery Method:

7.4. The shipping cost for the product is to be paid by the BUYER.

8. INVOICE INFORMATION

  • Name-Surname/Title:
  • Address:
  • Phone:
  • Fax:
  • Email/Username:
  • Invoice Delivery: The invoice will be delivered to the invoice address along with the order during delivery.

9. GENERAL PROVISIONS

9.1. The BUYER declares, acknowledges, and undertakes that they have read and are informed of the basic characteristics of the product subject to the Agreement, the sale price, the payment method, and delivery details as published on the SELLER's website and that they have provided the necessary confirmation in the electronic environment. By confirming the Preliminary Information in electronic form, the BUYER confirms that they have obtained the correct and complete information required by law, including the SELLER's address, the fundamental characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information.

9.2. Each product subject to the Agreement shall be delivered to the BUYER or the person/entity indicated by the BUYER within the time frame specified in the Preliminary Information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.

9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the Agreement fully and in accordance with the qualifications specified in the order, together with all information and documents required for the product's use (e.g., warranty certificates and user manuals, if applicable), free of defects, in compliance with legal regulations, in accordance with the principles of honesty and integrity, and to maintain and enhance the quality of service.

9.4. Before the fulfillment of the contractual obligation expires, the SELLER may provide a product of equal quality and price by informing the BUYER and obtaining their explicit approval.

9.5. If it becomes impossible to fulfill the delivery of the product/service subject to the Agreement, and the SELLER is unable to fulfill its contractual obligations, the SELLER shall notify the BUYER of this situation within 3 days from the date of acknowledgment and return the total payment to the BUYER within 14 days.

9.6. The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and if for any reason the payment for the product subject to the Agreement is not made and/or canceled in the bank records, the SELLER shall be released from its obligation to deliver the product.

9.7. If the product is delivered to the BUYER or the person/entity indicated by the BUYER, and the payment is reversed due to unauthorized use of the BUYER's credit card by unauthorized persons after delivery, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.

9.8. The SELLER shall notify the BUYER if it fails to deliver the product subject to the Agreement due to unforeseen and unavoidable circumstances that prevent or delay the fulfillment of the contractual obligations. The BUYER may request the cancellation of the order, the replacement of the product subject to the Agreement with an equivalent one, and/or the postponement of the delivery period until the obstacle is removed.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may exercise the right of withdrawal from this Agreement without any legal or penal liability and without giving any reason within 14 (fourteen) days from the date the product is delivered to them or to the person/entity indicated by them. In distance contracts concerning service provision, this period starts from the date the Agreement is signed. The right of withdrawal cannot be exercised for services that have started to be performed with the BUYER's approval before the expiration of the withdrawal period.

10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used in any way within the scope of "Products for which the Right of Withdrawal Cannot Be Exercised." The BUYER must also return the product in its entirety, including:
a) The invoice,
b) Return form,
c) Product packaging, accessories, and any other components.

10.3. The SELLER shall refund the total payment and any documents obligating the BUYER to make a payment within 10 days from the receipt of the withdrawal notification and take back the product within 20 days.

10.4. If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER shall be liable to compensate the SELLER's damages at the rate of their fault.

11. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL

Products that are prepared in line with the BUYER’s request or explicit personal needs, perishable goods, goods whose expiry date is likely to pass, or goods that cannot be returned due to health and hygiene reasons after their packaging is opened by the BUYER are excluded from the right of withdrawal.

12. DEFAULT AND LEGAL CONSEQUENCES

The BUYER agrees that in cases of default in transactions carried out with a credit card, the card issuer bank may apply interest and may hold the BUYER liable under the agreement between the bank and the BUYER.

13. COMPETENT COURT

In disputes arising from this Agreement, complaints and objections can be submitted to the Consumer Arbitration Committee or the Consumer Court at the BUYER's place of residence within the monetary limits determined by law.

14. EFFECTIVENESS

By completing the payment for the order placed through the website, the BUYER agrees to all terms and conditions of this Agreement.

SELLER:
BUYER:
DATE: