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ARTICLE 1 - THE PARTIES
Merchant Mersis No:
Merchant Email Address:
The Shipping Company That the Buyer Will Send the Goods to the Seller on Return:
modifier.com.tr: Contact Tel: 0537 367 78 56
Name and surname :
ARTICLE 2 - SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Contract (“Contract”) has been prepared in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The parties of this Agreement acknowledge and agree that they know and understand their obligations and responsibilities arising from the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement is; com.tr], in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the Goods / Services with the qualifications specified in the Contract. establishes the determination of their rights and obligations.
ARTICLE 3 - BASIC QUALIFICATIONS AND PRICE OF GOODS AND SERVICES (VAT INCLUDED)
Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
Total product price excluding shipping:
Total Price Including Cargo:
Payment Method and Plan:
Person (s) to be Delivered:
THE PRODUCT COST IS SUBJECTED BY THE BUYER BY THE PAYMENT ORGANIZED BY THE SELLER'S AUTHORIZED PAYMENT ORGANIZATION. THE PURCHASER WILL PAY THE FEE OF THE GOODS TO THE PAYMENT ORGANIZATION AUTHORIZED BY THE SELLER AND THE PAYMENT OF THE PRODUCT PAYMENT TO THE SELLER.
ARTICLE 4 - FINANCIAL DELIVERY AND DELIVERY METHOD
The Contract entered into force by electronically approved by the Buyer and is executed by the delivery of the Goods / Services purchased by the Buyer from the Seller to the Buyer. The Goods / Services will be delivered to the address specified in the Buyer's order form and this Agreement and to the authorized person (s) specified.
ARTICLE 5 - DELIVERY EXPENSES AND PERFORMANCE
Unlike delivery costs of the goods, if there is no provision, it belongs to the Buyer. If the seller declares on the Web site that the delivery fee will be borne by him, the delivery costs will belong to the Seller. Delivery of the goods; If the Seller's stock is available and it is done within the promised time after the payment is made. The Seller delivers the Goods / Service within 30 (thirty) days of the Order by the Buyer, without prejudice to the fulfillment of the performance of the Goods / Services subject to the order. If the Goods / Services fee is not paid by the Buyer for any reason or the payment made is canceled in the bank records, the Seller is deemed to have been freed from the delivery obligation.
In the order cancellations made by the Buyer after the goods are shipped by the Seller but before the delivery by the Buyer, the Buyer is responsible for the shipping cost.
ARTICLE 6 - BUYER'S DECLARATION AND COMMITMENTS
The Buyer declares that he has read and obtained the necessary confirmation in electronic environment by reading the preliminary information loaded by the Seller regarding the basic qualities, sales price and form of payment, delivery and shipping price of the Contractual Goods / Service on the website. Buyers may send their requests and complaints in the capacity of Consumer to the contact information above and / or through the channels provided by the website. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer is required to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered Goods / Services, the price of the Goods / Services, including taxes, payment and delivery. confirms that it has acquired the delivery price information correctly and completely. Without the inspection of the Buyer before receiving the Goods / Service subject to the Contract; destroyed, broken, torn packaging etc. In the event that it receives the damaged and defective Goods / Services from the cargo company, the responsibility belongs to itself. The Goods / Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. After delivery, the responsibility of the Goods / Service and damages belong to the Buyer. In case the bank or financial institution does not pay the Goods / Services fee to the Seller because the credit card of the Buyer is used unfairly or illegally by unauthorized persons after the delivery of the Goods / Services, provided that they return the Goods / Service to the Seller within 3 (three) days. In this case, delivery expenses belong to the Buyer.
ARTICLE 7 - SELLER'S DECLARATION AND COMMITMENTS
The Seller is responsible for the delivery of the Goods / Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty certificates and user manuals, if any. If the seller cannot deliver the contractual Goods / Services within the period due to force majeure or extraordinary situations preventing the transportation, the seller is obliged to notify the Buyer within 3 (three) days from the date he learned. If the Contracted Goods / Service is to be delivered to another person from the Buyer, the Seller cannot be held responsible for the person not to accept the delivery.
ARTICLE 8 - RIGHT TO WITHDRAWAL
The Buyer may return the Goods / Services purchased by using his right of withdrawal within 14 (fourteen) days from the date of delivery, without taking any legal or criminal liability and without any justification. Notice of withdrawal and other notices regarding the Agreement will be sent through the communication channels of the Seller and / or specified on the Website. In order to exercise the right of withdrawal, it is mandatory to notify the Seller in accordance with the provisions of the legislation and the option of the right of withdrawal on the Website. In case of exercising the right of withdrawal: a) The Buyer sends the Goods back to the Seller within 10 (ten) days of using the right of withdrawal. b) If there is a Goods box, packaging, and standard accessories, if any, to be returned within the scope of the right of withdrawal, the other products that are gifted together with the Goods must be returned in a complete and undamaged manner. Goods within 14 (fourteen) days following the exercise of the right of withdrawal
The price will be returned to the Buyer as it paid. When returning the Goods to the Seller, the original invoice submitted to the Buyer during the delivery of the Goods must also be returned by the Buyer. belongs to. If the Seller specified in the preliminary information form to be returned by the Buyer, the Seller is not responsible for the return shipping cost and the damage to be incurred in the cargo process if the Seller sends it with a cargo company other than the contracted cargo company. In case the buyer sends the returned product with a cargo company other than the seller specified by the seller, the price of the product will be returned to the buyer after the damage caused by the buyer is compensated.
ARTICLE 9 - CONDITIONS WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used if:
a) In contracts regarding goods or services whose price varies depending on the fluctuations in the financial markets and which are not under the control of the seller (Products in the category of jewelery, gold and silver)
b) In contracts relating to the delivery of goods that are prepared in line with the wishes of the consumer or clearly his personal needs, which are not suitable for return in nature and are at risk of deterioration or may expire.
c) From the goods whose protective elements such as packaging, tape, seal, package are opened after delivery; In contracts regarding the delivery of those whose return is not suitable for health and hygiene
d) In contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
e) In contracts related to books, audio or video recordings, software programs and computer consumables provided in material environment provided that the protective elements such as packaging, tape, seal, package are opened by the consumer.
f) In contracts related to the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
g) In the contracts for accommodation, goods transport, car rental, food and beverage supply and for the evaluation of leisure time for entertainment or rest, which must be made on a specific date or period.
h) In contracts concerning the performance of services related to betting and lottery
ı) Before the end of the right of withdrawal, in the contracts regarding the services that started to be performed with the approval of the consumer.
i) In the contracts regarding intangible goods delivered to the consumer instantly with the services performed instantly in the electronic environment and the Distance Contracts Regulation of the Goods / Services subject to the contract (regular deliveries of the seller and food items, beverages Also, other daily consumption items and services in areas such as travel, accommodation, restaurant, entertainment sector) In the event that it is composed of goods / service types, the right of withdrawal will not be exercised because the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the Buyer and the Seller. Cancellation and return conditions of such Goods / Services offered for sale in the holiday category are subject to Seller practices and rules.
ARTICLE 10 - SOLUTION OF DISPUTES
In the implementation of this Distance Sales Contract, the Consumer Arbitration Committees and the Consumer Courts in the place where the Buyer purchased the Goods or Services and where the residence is located is authorized up to the value announced by the Ministry of Customs and Trade. 68th Law of the Law No. 6502 on Consumer Protection. District / provincial consumer arbitration committees are authorized about consumer demands in line with the lower and upper limits specified in paragraph 1 of the article.
ARTICLE 11 - PRICE OF THE GOOD / SERVICE
The cash or forward sales price of the goods is included in the order form, but the price that is present in the invoice content sent to the customer along with the information mail sent to the end of the order. Discounts, coupons, shipping costs and other applications made by the seller are reflected in the sales price.
ARTICLE 12 - DEFAULT AND LEGAL RESULTS
In the event that the Buyer defaults on transactions with his credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank himself. This
In this case, the relevant bank may take legal action; The Buyer shall charge the costs and the attorney's fee arising from the Buyer, and in all cases, if the Buyer defaults due to the Buyer's debt, the Buyer will be responsible for the loss and damage suffered by the Buyer due to the delayed performance of the Buyer's debt.
ARTICLE 13 - NOTIFICATIONS AND EVIDENCE AGREEMENT
Any correspondence to be made between the Parties under this Agreement shall be made via e-mail, except for the compulsory cases listed in the legislation. In the case of disputes that may arise from this Agreement, the Purchaser shall constitute binding, precise and exclusive evidence that the electronic information and computer records kept in his database and servers with his book and commercial records constitute an evidence contract in the meaning of Article 193 of the Civil Procedure Law. accepts, declares and undertakes.
ARTICLE 14 - ENFORCEMENT
This Agreement, consisting of 14 (fourteen) articles, was read by the Parties and entered into force on 01/01/2019, by electronic approval of the Buyer.