Article 1 – Parties To The Agreement
SELLER: Modanisa Elektronik Mağazacılık ve Tic. A.Ş. Adres: Emek Mahallesi Nato yolu Caddesi N:288/4 Çatı Katı Sancaktepe/İstanbul Telephone: 0850 333 64 72Email: firstname.lastname@example.org BUYER: Customer
Article 2 – Subject Of The Agreement
The subject of this Agreement consists of setting forth and determining the respective rights and obligations of the Parties with respect to the sales and delivery of the goods/services ordered by the Buyer from over the web site www.modanisa.com belonging to the Seller on the electronic media, with characteristics referred to in the Agreement and the selling price specified in the Agreement as well, pursuant to Law No. 6502 on Consumer Protection and law No. 29188 regarding Regulation On Distance Contracts. The Buyer agrees to and acknowledges under the provisions of this Agreement that it is informed about the basic specifications, selling price, form of payment, terms of delivery, etc. with respect to the goods/services subject matter of the sales, any and all kinds of preliminary data regarding the goods /services that constitute subject matter of the sales, as well as about the right to “withdrawal”, that it has confirmed the aforesaid data on electronic media, and thereafter placed an order for such goods/services. Preliminary notification and the invoice appearing on the web site www.modanisa.com, are integral parts of this Agreement.
Article 3 – Date Of The Agreement
These two copies of the Agreement signed by the Seller previously is undersigned and accepted by the Buyer on.... , and a copy of the same shall be sent to the mail address of the Buyer via mail.
Article 4 – Delivery Of The Goods or Services, Place Of Performance Of The Agreement AND Pattern Of Delivery
Goods/services shall be delivered to …….. at such address ………………….. that the Buyer Demanded for the delivery to be made.
Article 5 – Delivery Expenses and Execution Thereof
Delivery expenses are on account of the Buyer. If the Seller has announced on its web site that the delivery charge for those making shopping in excess of the amount announced are to be borne by itself or free of charge deliveries shall be made under the campaign, then any delivery expense is on account of the Seller. Delivery is made within shortest possible notice if there are available stocks and following the price with respect to the commodities are credited to the account of the Seller. The Seller delivers the goods/services within 30 (thirty) days from the date of ordering of the same, and within such term keeps reserved its right to extend the aforesaid duration for additional 10 (ten) days by serving a notice in writing to that effect. If the charge fort he goods/services is failed to be paid for any reason whatsoever or deleted from the bank entries, the Seller is deemed as having been released from its obligation for delivery of the goods/services.
Article 6 – Fee For Payment At The Door
Service with respect to payment at the door is a payment alternative made available by the cargo company. For such a service, the cargo company is charging and collecting TL 4.90. Such service fee belongs to the cargo company and is not refundable in the event of any return of the product. If you do not want to pay any extra fee while purchasing your product, you are free to prefer secure payment alternative via credit card and make your payments in a secure manner without paying any extra service fee.(Payment At The Door option is available only in Turkey.)
Article 7 – Presentations and Warranties Of The Buyer
The Buyer shall inspect the goods/services that constitute subject matter of the Agreement prior to taking on delivery of the same; it shall not be taking on delivery of crushed, broken, package torn, and such similar damaged and defective goods/services from the cargo company. It shall be so deemed that any goods/services taken on deliver yare without damage and in good operating order. Obligation to keep and maintain the goods/services diligently after delivery of the same is on part and account of the Buyer. If the right to withdrawal is to be exercised, then the goods/services should not be used. The invoice is required to be returned. In the event after the delivery of such goods/services, the relevant bank or finance entity refrains from paying the charge for the goods/services to the Buyer on grounds of usage of the credit card belonging to the Buyer by unauthorized parties in a manner that is not arising from any fault on part of the Buyer, the Buyer is obliged to send the goods/services to the Seller within 3 (Three) days, provided they were already delivered to its side. Whenever the case is as such, delivery costs are on account of the Buyer.
Article 8 – Presentations and Warranties Of The Seller
The Seller is responsible from delivery of the goods/services that constitute subject matter of the Agreement in perfect and full operating condition, in compliance with the specifications indicated on the order, and together with its warranty certificates as well as instructions for use, if any. If the goods/services that constitute subject matter of the Agreement are to be delivered to any person/entity other than the Buyer, then the Buyer is not to be held responsible from the person/entity to be delivered to declining from accepting the delivery. The Seller returns within 10 (ten) days from receiving the declaration of withdrawal, together with any negotiable instruments pertaining thereto. Takes on return delivery of the goods/services within 20 (twenty) days. On justifiable causes, the Seller is entitled to supply these to the Buyer at an equivalent price and quality before the term for execution under the Agreement expires. If the Seller considers that the execution of the goods/services is rendered impossible, then it notifies the Buyer before expiry of the term for execution. Any charge paid as well as documents, if any, are returned within 10 (ten) days. From amongst those goods/services that are included or otherwise in goods/services sold with guarantee certificates, goods/services that are defective might possibly be sent to the Seller for making of the necessary repair operations within conditions under guarantee; whenever the case is as such, delivery expenses shall be covered by the Seller.
Article 9 – Characteristics Of The Goods Or Services That Constitute Subject Matter Of The Agreement
Type and sort, quantity, brand/model, color and selling price inclusive of any and all taxes of the goods/services are as specified in the particulars contained in the identification page for such goods/services on the web site titled www.modanisa.com, and as indicated on the invoice that is deemed an integral part of this Agreement.
Article 10 – Price In Cash Of The Goods And Services
Cash price of the goods/services is included in the contents of such sample invoice sent via mail at the end of the order placement and the actual invoice forwarded to the Customer together with the product.
Article 11 – Time Price
The price of the goods/services in accordance with the term granted for the selling price of the goods/services is included in the contents of such sample invoice sent via mail at the end of the order placement and the actual invoice forwarded to the Customer together with the product.
Article 12 – Interest
It is not to be higher than the interest rate set forth every year by the Government of the Republic of Turkey, and in any case no more than 30%.The Buyer is responsible towards the bank it is working with.
Article 13 – Amount Of Advance Payment
Amount of advance payment with respect to the goods/services is included in the contents of such sample invoice sent via mail at the end of the order placement and the actual invoice forwarded to the Customer together with the product.
Article 14 – Payment Plan
In the event the Buyer prefers shopping by credit card or on installments, then the pattern of installments it has selected from over the site is duly applicable. In operations with respect to setting forth of the installations, relevant provisions of the agreement made and entered into by and between the Buyer and the Bank that is proprietor of the card are duly applicable. Credit card payment date is set forth pursuant to the provisions of the agreement made and entered by and between the bank and the Buyer. The Buyer is further entitled to follow-up the number of its installments as well as relevant payments from the account statement sent by the Bank.
Article 15 – Right To Withdraw
The Buyer is entitled to use its right with respect to withdrawal, within 14 days from the date of delivery of the goods/services either to itself in person or to such person/entity at the address advised to that effect. For being entitled to use the right of withdrawal, it is mandatory that within the same period as aforesaid, the Seller should notify the customer services via e-mail or on the telephone and goods/services are not used under provisions of Article 15 and such preliminary data published on the web site titled www.modanisa.com, which is an integral part of this Agreement. In the event any such right is used, it is compulsory that the original of the invoice pertaining to the goods/services delivered to the 3rd party or to the Buyer in person is required to be returned. Charge with respect to the goods/services is returned to the Buyer within 7 days following arrival of the notice pertaining to the right of withdrawal, and the goods/services are taken delivery in return within a term of 20 (twenty) days. If the original of the invoice is not forwarded, VAT and other legal obligations, if any, are not possibly returned to the Buyer. Cost for delivery of such goods/services returned on grounds of the right of withdrawal is covered by the Seller.
Article 16 – Goods And Services For Which Right Of Withdrawal Is Not Applicable
These consist of goods/services that are not returnable in consideration of their nature, goods/services which rapidly deteriorate and dates of expiry passing, goods/services for single use, hygienic goods/services, goods/services for daily use, any and all software and programs which are reproducible. Further, for possibly using the right of withdrawal regarding any and all kinds of software and programs, various media (Dvd,Cd, and such similar), computer and stationery consumables (toners, cartridges, ribbons, and such similar) as well as cosmetic materials, it is a prerequisite that the packing of such goods/services are not opened, damaged and used.
Article 17 – Events of Default and Its Legal Consequences
In the event the Buyer is at default in the transactions made by credit card, it shall be paying interest within scope of the credit card agreement it has made and entered into with the bank, and be held responsible towards the bank. Under these circumstances, the relevant bank is entitled to seek recourse in legal channels; might claim from the Buyer any expenses to arise as well as the Attorneys’ Fees, and in any case, if the Buyer is in default on grounds of its debts, the Buyer agrees to pay the loss and damage suffered by the Seller due to delayed execution of the debt.
Article 18 – Competent Court
In settlement of any disputes that might arise from this Agreement, Consumer Arbitration Committees have competent jurisdiction up to such value announced by the Ministry of Industry and Commerce, Consumer Courts for values over the specified amount, and at places where these are not available, Civil Courts of First Instance are competent.