Distance Sales Agreement
ARTICLE 1 - PARTIES
1.1 SELLER
TITLE: Mystwind
ADDRESS : Istanbul
TELEPHONE :
FAX :
EMAIL :
1.2. BUYER
NAME/SURNAME/TITLE:
ADDRESS :
TELEPHONE :
EMAIL :
ARTICLE 2 - SUBJECT
The subject of this Agreement is the product(s) that the CUSTOMER has ordered electronically from the website named mystwind.com and published in the Official Gazette on 27.11.2014 regarding the sale and delivery of the product(s) whose code, name, quantity and sales price are specified in the invoice. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts.
ARTICLE 3 – DETERMINATION OF MATTERS REGARDING THE CONTRACT PRODUCT, PAYMENT AND DELIVERY
3.1 PRODUCTS
The main features of the goods or services are available at mystwind.com. It is the sales price listed about the products and announced on the site. Announced prices and campaigns will remain valid until they are updated and changed. Prices announced for a period of time will be valid until the end of the specified period. All taxes of the goods or services subject to the contract are included in the sales price and published on the site.
3.2 DELIVERY METHOD AND PLAN
Delivery address :
Delivery Person :
Billing Information :
After the ordered product or products are supplied by mystwind, the shipment will be started within 3-5 working days according to the category. For all orders made on the website, shipping is free and the shipping fee will be paid by the SELLER.
3.3 DELAY INTEREST
Payment for the purchased products will be made in cash or by credit card. For this reason, no delay interest is applied by the SELLER.
ARTICLE 4 - GENERAL PROVISIONS
4.1. On the mystwind.com website, you have read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price including all taxes, the method of payment and the delivery, the costs of which will be borne by the BUYER, the delivery time, and the full trade name, full address and contact information of the SELLER, and correctly and declares that it is fully informed and gives the necessary confirmation in electronic environment.
4.2. The product or service subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period. Any shipping fee regarding the delivery shown in Article 3 will be covered by the SELLER and will not be reflected under the name of "Shipping Fee" on the BUYER's invoice for his order and is included in the product price.
4.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4. The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. For this reason, the BUYER shall bear the expenses incurred due to any damage caused by the BUYER's late delivery of the product and the fact that the product has been waiting in the cargo company and/or the cargo is returned to the SELLER.
4.5. In the event that the payment for the service(s) subject to the contract is made by the BUYER by credit card, all kinds of legal risks, including the unfair and unlawful use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card holder or the person to whom the service will be provided, It belongs to the BUYER. The BUYER accepts and undertakes that he will not make any claims from the SELLER in case of any damage in the aforementioned situations.
4.6. If a repair is requested for the product, the periods specified in the Consumer Law and related regulations are applied.
4.7. The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a justified reason.
4.8. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid will be refunded in 10 days according to the payment method in the order.
4.9. As long as there is no temporary disruption in the delivery of a collected order, the intermediary cargo company is not informed of any information for the end users.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1. Consumer; has the right to withdraw from the contract by rejecting the goods without taking any legal and penal responsibility and without giving any reason, within 14 days from the date of delivery in distance contracts for the sale of goods. However, some products on sale on our website are sewn to order, and these dresses are not returnable. This phrase is clearly stated on the detail pages of the relevant products. In distance contracts related to service provision, this period starts on the date of signing of the contract. If it is agreed in the contract to perform the service before the expiry of 14 days, the Customer may use his right of withdrawal until the date the performance begins. The costs arising from the use of the right of withdrawal belong to the SELLER if the product is sent with the cargo company that the SELLER has contracted.
6.2. In order to exercise the right of withdrawal, the SELLER must be notified by fax, telephone or e-mail specified in Article 1 of this Contract within 14 days and the product must not be used in accordance with the provisions of the distance sales contract. Within the scope of the right of withdrawal, the product must not have been used within the framework of the provisions of Article 6 included in the distance sales contract. In case the returned product is returned with the SELLER's contracted cargo company, the return shipping costs will be covered by the SELLER.
6.3. The products to be returned within 14 days must be delivered complete and undamaged together with the box and packaging. The product price is returned to the Customer within 14 days following the receipt of these documents by the Seller.
6.4. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned.
ARTICLE 7 – PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts,
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier,
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
ARTICLE 8 – AUTHORIZED COURT
Turkish Law applies to disputes arising from the implementation of this Agreement, and Istanbul (Central) Courts and Enforcement Offices are authorized.
This Agreement has been read, accepted and confirmed by the parties electronically. In matters not regulated in this Agreement, the provisions of the Law No. 6502 on the Protection of the Consumer and the relevant legislation shall apply. In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
SELLER : Mystwind
BUYER :
DATE :