DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
ARTICLE 1 Seller Information
ARTICLE 2 Buyer Information
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Name / Title
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Delivery Address |
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E-mail Address |
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ARTICLE 3 - SUBJECT OF THE AGREEMENT
3.1 This
Distance Sales Agreement ("Agreement") regulates the rights and
obligations of the parties in accordance with the provisions of the Law on the
Protection of Consumers No. 6502 and the Regulation on Distance Contracts
published in the Official Gazette dated November 27, 2014, and numbered 29188,
regarding the sale and delivery of the products ("Products") ordered
by the Buyer through the website https://miereschuel.com operated by the
Seller.
3.2 The Buyer
declares and undertakes that they are informed about the basic qualifications
of the goods or services subject to sale, the sales price, the payment method,
the delivery conditions, and all preliminary information about the goods or
services and the "right of withdrawal," and that they have confirmed
this preliminary information electronically and then placed an order for the
goods or services. The Preliminary Information Form ("Preliminary
Information Form") on the https://miereschuel.com website is an integral
part of this Agreement.
ARTICLE 4 - EFFECTIVENESS
This Agreement shall become
effective upon the Buyer's confirmation of having read the information in the
Preliminary Information Form and completing the order through the https://miereschuel.com
website.
ARTICLE 5 - VALIDITY PERIOD OF COMMITMENTS
The prices
specified in Article 6.1 are the sales prices. The announced prices and
promises are valid until updated and changed. Prices announced for a certain
period are valid until the end of the specified period. The Seller reserves the
right to change or update these prices at any time.
ARTICLE 6 - VALIDITY PERIOD OF COMMITMENTS
6.1 The details of the Products
ordered by the Buyer, the total sales prices including taxes, and the quantity
information shall be notified to the Buyer through the website
miereschuel.com and by email to the Buyer's email address. 6.2 Shipping fees
shall be paid by the Buyer. Except for the opportunities and advantages
provided by the Seller regarding shipping fees, which are exceptional. 6.3 The
Buyer acknowledges, declares, and undertakes that they will separately verify
the relevant interest rates and information on default interest from their bank
in credit card installment purchases and that, in accordance with the current
legislation, the provisions regarding interest and default interest will be
applied within the scope of the credit card agreement between the bank and the
Buyer. Installment payment opportunities provided by institutions such as banks
and financing companies for credit cards, installment cards, etc. are
installment payment opportunities provided by the institution; in this context,
the sales of Products, for which the Seller has completely collected the price,
are not considered installment sales within the scope of this Agreement and
have the nature of cash sales.
ARTICLE 7 - DELIVERY OF PRODUCTS
7.1 The Product shall be delivered
to the delivery address specified by the Buyer or to the person/organization at
the address indicated, along with the invoice, packaged and securely, within a
maximum of 30 days from the order date. 7.2 If the Product is to be delivered
to another person/organization indicated by the Buyer, the Seller shall not be
held responsible for the non-acceptance of the delivery by the
person/organization to whom it will be delivered. 7.3 The Buyer is obliged to
check the Product immediately upon delivery and to report any defects to the
Seller without delay.
ARTICLE 8 - GENERAL PROVISIONS
8.1 The Buyer acknowledges that
they have read the basic qualifications of the products displayed on www.miereschuel.com, the
sales price, and the payment method, as well as the preliminary information
about delivery, and that they have given the necessary approval electronically
for the conclusion of distance contracts. 8.2 The Buyer confirms that they have
acquired accurate and complete information regarding the address, basic
characteristics of the products ordered, prices of the products, including
taxes, shipping/cargo fees, payment, and delivery through electronic media
before the conclusion of this agreement by giving electronic approval. 8.3 Due
to any problems caused by the fault of the cargo company in the delivery of the
Product to the Buyer, the Seller shall not be held responsible. 8.4 The Seller
is responsible for delivering the product subject to the contract in full, in
accordance with the specifications stated in the order, and with the
certificates, if any. 8.5 In case it is understood that the product subject to
the contract cannot be supplied for a justifiable reason before the expiration
of the performance obligation arising from the contract, the Seller may offer a
different product of equal quality and price by informing the Buyer and
obtaining their written approval. 8.6 In case the delivery of the Products
becomes impossible due to extraordinary circumstances (such as adverse weather
conditions, earthquake, flood, fire, etc.) beyond the normal sales conditions
within the 30-day period, the Seller shall inform the Buyer regarding the
delivery. In this case, the Buyer may cancel the order, order a similar product,
or wait until the end of the extraordinary situation. If the price of the
Product has been collected in cancellations, it shall be refunded to the Buyer
within 15 days from the date of notification. In the case of credit card
payments, the refund process shall be made to the Buyer's credit card. 8.7 It
is a condition for the delivery of the Products that this Agreement is approved
electronically. If, for any reason, the product price is not paid or canceled
in the bank records, the Seller is deemed to have been relieved of all
obligations arising from this Agreement, including the obligation to deliver
the Product. 8.8 In case the product price is not paid to the Seller for any
reason, the Buyer shall return the Products to the Seller within 3 days at the
latest from the notification of the Seller, with all expenses borne by the
Buyer. The Seller's right to follow up the product price, including tracking,
is reserved, separately and in any case. 8.9 In the event that the Product
cannot be delivered within the 30-day period due to extraordinary situations
(such as adverse weather conditions, earthquake, flood, fire, etc.) beyond the
normal sales conditions, the Seller shall inform the Buyer about the delivery.
In this case, the Buyer may cancel the order, order a similar product, or wait
until the end of the extraordinary situation. If the price of the Product has
been collected in cancellations, it shall be refunded to the Buyer within 15
days from the date of notification. In the case of credit card payments, the
refund process shall be made to the Buyer's credit card.
ARTICLE 9 - RIGHT OF WITHDRAWAL
9.1 In
distance contracts for the sale of goods, the Buyer may exercise their right of
withdrawal from the contract within 15 (fifteen) days from the date of delivery
of the goods to them or to the third party designated by them without
undertaking any legal or criminal liability. In determining the withdrawal
period;
· a) In
contracts for the sale of goods that consist of a single piece and are
delivered separately, the day when the consumer or the third party designated
by the consumer receives the last goods,
· b) In
contracts for the sale of goods consisting of multiple parts, the day when the
consumer or the third party designated by the consumer receives the last part,
· c) In
contracts for the regular delivery of goods for a certain period of time, the
day when the consumer or the third party designated by the consumer receives
the first goods will be taken into consideration.
9.2 The Buyer may notify the Seller
of their withdrawal by sending a registered letter via postal service, or by
sending an email to the email address specified in Article 1. This notification
must be made within the withdrawal period. After such notification, the Seller
shall request the return of the product. However, if the Seller does not make
such an offer, the Buyer must return the product to the Seller's address
specified in Article 1 within 10 (ten) days from the date of their notification
of withdrawal. 9.3 In order for return procedures to be carried out, the
relevant sections of the invoice sent to the Buyer and containing the return
section must be fully completed and signed, and then a copy must be sent to the
Seller. 9.4 The Product to be returned must be delivered with its box,
packaging, and, if any, standard accessories. 9.5 The Seller is obliged to
reimburse the Buyer with all payments received, including the total price (the
total of all amounts paid by the Buyer to the Seller), and any other documents
that put the Buyer under an obligation, within a maximum of 15 (fifteen) days
from the Seller's receipt of the notice of withdrawal. 9.6 The shipping fee for
the returned products shall be borne by the Buyer. If the Buyer wants to return
the product themselves, in this case, the Buyer must send the product to the
Seller with Yurtiçi Kargo, which is the Seller's contracted cargo company, with
the shipping fee paid by the Buyer. 9.7 Any depreciation in the value of the
product to be returned or any reason that makes it impossible to return the
product does not prevent the exercise of the right of withdrawal. However,
changes and deteriorations caused by the usual use of the product are not
considered as a decrease in value.
ARTICLE 10 - PRODUCTS FOR WHICH THE RIGHT OF
WITHDRAWAL CANNOT BE USED
The right of
withdrawal cannot be exercised in the following cases:
· a) Contracts
for goods that are prepared according to the consumer's requests or personal
needs.
· b) Contracts
for the delivery of perishable or expired goods.
· c) Contracts
for the delivery of goods that may not be returned for health and hygiene
reasons, after the packaging, tape, seal, package, etc. protecting elements are
opened after delivery.
· d) Contracts
for the delivery of goods mixed with other products and cannot be separated by
their nature after delivery.
· e) Contracts
for the delivery of digital content and computer consumables presented in the
material environment, provided that the protective elements such as packaging,
tape, seal, package, etc. are opened after delivery.
· f) Contracts
for the delivery of periodicals such as newspapers and magazines.
· g) Contracts
for the delivery of sealed goods that are unsuitable for return due to health
and hygiene issues.
· h) Contracts
for services that start with the approval of the consumer before the right of
withdrawal period ends.
· Except for the
products sold by our company mentioned explicitly in the "Regulation on
Distance Contracts" published by the Ministry of Customs and Trade,
products sold by our company fall under the category of products for which the
Right of Withdrawal cannot be used.
ARTICLE 11 - COMPLAINTS AND SOLUTION METHODS
The Buyer can submit all kinds of
suggestions and complaints regarding the sale of goods or services through
electronic media to the email address specified in Article 1 of the Seller. The
Seller aims to resolve the problem by examining any and all complaints and
suggestions received within the legal limits. The rights of the parties arising
from the Law and the relevant Regulations are reserved.
ARTICLE 12 - AUTHORIZED COURT
The Seller may apply to the
consumer problems arbitration committee or consumer court in the place where
the consumer purchases the product or where they reside within the limits
determined by the Ministry of Customs and Trade every December.
ARTICLE 13 - OTHER PROVISIONS
The Buyer
declares, accepts, and undertakes that they have read all the conditions,
explanations, the General Provisions, and the Return Policy, which are an
integral part of this Agreement, and have obtained all preliminary information,
have reviewed them, and fully accepted them.
Seller:
Buyer:
Date: