This Distance Sales Agreement (“Agreement”); MARKOSIN Electronic and Trade LTD. whose address is specified in article 5 ("Buyer") and Cihangir Mahallesi, Petrol Ofisi Caddesi, No: 17/L Avcılar / Istanbul. LTD. STI. ("Seller") in electronic environment within the framework of the terms and conditions set forth below.
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
||Ministry of Customs and Trade,
||Law on Consumer Protection,
||Regulation on Distance Contracts,
||The subject of any consumer transaction other than providing goods made or promised to be made in return for a fee or benefit
||A natural or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes or acts on behalf of or on behalf of the supplier,
||A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
|| The website of the SELLER named markosin,
||The natural or legal person who requests a good or service through the website of the SELLER named markosin,
||This Contract concluded between the SELLER and the BUYER,
|Product or Products
|| It refers to movable goods subject to shopping, immovable properties for residence or holiday purposes, and software, sound, image and all similar products prepared for use in electronic environment.
|The subject of this Agreement
|| It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER. Prices listed and announced on the site are sales prices. Advertised prices and promise.s are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period
The subject of any consumer transaction other than providing goods made or promised to be made in return for a fee or benefit,
It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
The subject of this Agreement; It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. MATTERS WHICH WAS INFORMED BEFORE THE BUYER
4.1. The BUYER shall ensure that he/she has reviewed, read and understood all the general-specific explanations on the relevant pages-sections of the Website before the establishment of this Agreement with the acceptance of the BUYER on the Website, and before undertaking both the order and the payment obligation, and that he/she is provided with the necessary information regarding the following matters. admits it has been done.
- a) The SELLER's title and contact information and up-to-date promotional information,
- b) Appropriate tools-methods regarding the stages of the sales process during the purchase of the Products from the Website and the correction of incorrectly entered information,
- c) electronic contact information of the Chamber of Commerce (ITO - Istanbul Chamber of Commerce) to which the SELLER is a member and the code of conduct stipulated by the ITO regarding the profession (Telephone: 444 0 486, www.ito.org.tr)
- d) Confidentiality, data usage-processing and electronic communication rules applied to the BUYER's information applied by the SELLER and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
- e) Shipping restrictions stipulated by the SELLER for the Products,
- f) Payment methods-means accepted by the SELLER for the products subject to the contract, the basic features-qualities of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including the related expenses),
- g) Information on the methods of delivery of the Products to the BUYER and the shipping-delivery-cargo costs,
- h) other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the responsibilities of the parties in these matters,
- i) Products and other goods and services that the BUYER does not have the right of withdrawal,
- j) In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and if the right is not used within the period, the BUYER will lose its right of withdrawal,
- k) For Products with the right of withdrawal, if the Product is broken or changed due to not being used in accordance with the instructions for use, normal functioning or technical specifications during the withdrawal period, the BUYER's request for withdrawal may not be accepted and the SELLER will be liable to the SELLER in any case. in cases where he/she accepts, he/she can deduct an amount that he/she deems appropriate according to the said defect or change from the repayment to be made to the BUYER,
- l) In cases where there is a right of withdrawal, how to return the Products to the SELLER and all related financial issues (including the ways of return, the cost and the discounts and deductions that can be made for the reward points earned/used by the BUYER during the return of the Product price and return),
- n) According to its nature, all other sales conditions included in this Agreement and this Agreement can be stored and accessed for the period requested by the BUYER, since it is sent to the BUYER by e-mail after the BUYER has approved and established it on the WEBSITE, and the SELLER for a period of three years. that he can keep with him.
- o) In case of dispute, the BUYER can submit his/her complaints to the SELLER with contact information and legal applications to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
5. SELLER INFORMATION
||MARKOSIN Electronic and Trade LTD. STI.
||Cihangir Mahallesi, Petrol Ofisi Caddesi, No: 17/L Avcılar / Istanbul
||0212 422 03 02
6. BUYER INFORMATION
7. ORDERING PERSON INFORMATION
8. INVOICE INFORMATION
Invoice Delivery: The invoice will be delivered to the delivery address along with the order at the time of order delivery.
9. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
9.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are available on the website of the SELLER. You can review the basic features of the product during the campaign.
9.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
9.3. All details of the goods or services subject to the contract are shown in the table below.
9.4. Additional fees such as shipping fee, any other tax, duty fee, which is the product shipping cost, will be paid by the BUYER.
10. GENERAL PROVISIONS
10.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the Product subject to the Contract on the Internet Site and that he is informed and gives the necessary confirmation in the electronic environment. BUYER's; Confirming the Preliminary Information in electronic environment, accepts, declares and undertakes that he has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
10.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the BUYER fails to fulfill its obligations within this period, the BUYER may terminate the Agreement.
10.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, with the information and documents required for the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to protect and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
10.4. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its express approval, before the expiry of the performance obligation arising from the Contract.
10.5. The BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the Product subject to the Contract, and that in case the contract product price is not paid for any reason and/or it is canceled in the records of the bank, financial institution, the SELLER's obligation to deliver the contractual product will end, declares and undertakes. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for the payments made to the SELLER by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason.
10.6. The BUYER, after the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER It accepts, declares and undertakes that it will return the product in question to the SELLER within 3 days at the SELLER's cost of transportation.
10.7. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if the product subject to the contract cannot be delivered in due time due to force majeure situations such as the occurrence of circumstances that are beyond the will of the parties, unforeseeable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case of cancellation of the order by the BUYER, in the payments made by the BUYER in cash, the product amount is paid to him in cash and in one lump sum within 10 (ten) days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. The BUYER considers that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 (two) to 3 (three) weeks. accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
10.8. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
10.9. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
10.10. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER.
10.11. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
10.12. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
10.13. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
10.14. The member who violates one or more of the articles listed in this membership agreement will be personally and criminally liable for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
11. SPECIAL CONDITIONS
11.1. The BUYER will be able to shop from more than one boutique in a single basket on the Website. More than one invoice may be issued by the SELLER for each of the products purchased from different boutiques in the same basket. In order to leave no room for doubt, it should be noted that the SELLER will be able to deliver the products purchased by the BUYER from different boutiques at different times, provided that they remain within the legal period in the legislation.
11.2. The SELLER, at its own discretion, offers various campaigns on the Website for the BUYERS at various times, the conditions of which are determined by the SELLER (in cases where shopping is made from one and/or more than one boutique at the same time in the amounts to be determined by the SELLER, the discounts of the type to be determined by the SELLER are given to the BUYERS. reflected campaigns). In so far, the BUYER has the right to return, withdraw, etc. the products purchased for any reason. In the event that the conditions of the campaign arranged by the SELLER cannot be met for any reason, the discount amount/benefit used within the scope of the campaign will be canceled and will be deducted from the refund payment to be made to the BUYER.
11.3. If the BUYER is able to benefit from more than one campaign on the same invoice, the campaigns will not be combined and the BUYER will only be able to benefit from one campaign. The BUYER accepts, declares and undertakes that he will not claim any rights in such a case.
11.4. The SELLER reserves the right to stop, update and change the campaign conditions at any time, the campaigns announced on the Website. The BUYER is required to review the campaign conditions before each purchase to be made on the Website.
11.5. By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank and if the SELLER is informed, information about the campaigns is given on our pages. Your bank will reflect on your credit card summary by dividing the order total by the number of installments starting from the account cutoff date of your credit card. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
12. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INTELLECTUAL RIGHTS
12.1. Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698, T.C. ID number, demographic data, financial data, etc. informations;
* to receive orders, to offer products and services, to develop products and services, to solve systemic problems, to perform payment transactions, to be used in marketing activities about orders, products and services, in case of prior approval, to update the information of the BUYER, and to manage and maintain memberships. It can be recorded indefinitely by the SELLER, the SELLER's subsidiaries and third parties and/or organizations, in writing/magnetic, for the purpose of performing the distance sales contract and other agreements established between the BUYER and the SELLER and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the SELLER. can be kept in archives, used, updated, shared, transferred and processed in other ways.
12.2. DSM Group Consulting Contact and sales trade joint stock company, by DSM group consulting contact and sales trade A. Commercial electronic communications can be made with short messages, instant notifications, automatic calls, computers, telephones, e-mails/mails, faxes, other electronic communication tools. The BUYER has accepted to receive commercial electronic messages.
12.3. Necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken within the current technical possibilities according to the information and the nature of the transaction, in its own system infrastructure on the Seller's side. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
12.4. The BUYER can reach the SELLER through the specified communication channels and request data usage-processing and/or communication to be stopped at any time. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, The SELLER can always apply and get information on issues such as the elimination of damage due to the processing of the SELLER. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.
12.5. Regarding all kinds of information and content of the Internet Site and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the SELLER's agreement; all intellectual and industrial rights and property rights belong to DSM Group Consulting Communication and Sales Trade Joint Stock Company.
13. RIGHT OF WITHDRAWAL
13.1. BUYER; In distance contracts regarding the sale of goods, although it is 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated, as a company principle, the company may use its right of withdrawal from the contract by rejecting the goods within 15 (fifteen) days. In distance contracts related to service provision, this period starts from the date of signing of the contract. The notice that the BUYER has exercised his right of withdrawal must be directed to the SELLER within this period. Before accepting the distance contract or any corresponding offer, the BUYER is informed by the seller or supplier in a clear and understandable manner that he will be under the obligation to pay if he approves the order, and the details of which are determined in the regulation, and the BUYER accepts that he has been informed in advance. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER.
13.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 15 (fifteen) days and the product must not be used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated under the title of Article 11. If this right is exercised,
- a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
- b) Return form,
- c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
- d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
- e) 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 is obliged to compensate the SELLER's losses at the rate of the BUYER's fault.
- f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
In cases where the BUYER uses his right of withdrawal, or when the product subject to the order cannot be supplied for various reasons, or in cases where a decision is made to refund the BUYER with the decisions of the arbitral tribunal, if the purchase is made with a credit card and in installments, the procedure for returning to the credit card is as follows:
In how many installments the BUYER has bought the product, the Bank makes the repayment to the BUYER in installments. After the SELLER has paid the entire product price to the bank at once, in case the installment expenditures made from the Bank's POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will pay the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return. receivables and will be deducted from existing debts.
14. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
It must be unused and resold by the seller within the framework of the provisions of Article 15 titled “exceptions to the right of withdrawal” of the regulation on distance contracts published in the Official Gazette dated 27.11.2014, and the provisions of Article 6 of the distance sales contract approved electronically between the parties. The BUYER will not be able to use the right of withdrawal in the following cases:
- a) Contracts for goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the seller (products in the category of jewelry, gold and silver).
- b) In goods prepared in line with the consumer's wishes or personal needs.
- c) In goods that can spoil quickly or whose expiration date may pass.
- d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in the delivery of those whose return is not suitable in terms of health and hygiene.
- e) Provided that the protective elements such as packaging, tape, seal, package have been opened by the consumer, books, audio or video recordings, software programs and computer consumables (all kinds of software and programs, DVD, VCD, CD and cassettes, computer and in contracts related to stationery consumables (toner, cartridge, tape, etc.), phone top-up orders).
- f) In the case of books, digital content and computer consumables presented in the material environment, if the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
- g) In periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
- h) In the evaluation of leisure time for accommodation, transportation of goods, car rental, food and beverage supply and entertainment or rest, which must be done on a certain date or period.
- i) In the services performed instantly in the electronic environment or in the products delivered to the consumer instantly.
- j) In the services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
15. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
16. EVIDENCE AGREEMENT AND AUTHORIZED COURT
SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. The parties have accepted that the Consumer Courts of the BUYER and the SELLER will be authorized in disputes arising from the implementation and interpretation of the Agreement, in cases exceeding the Consumer Arbitration Committees in the place of residence of the BUYER and SELLER, within the monetary limits determined within the framework of the legislation.
In the event that the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements to ensure that the said Agreement cannot be placed on the site without obtaining the confirmation that it has been read and accepted by the BUYER.