DISTANCE SALES AGREEMENT
1. SUBJECT MATTER
The subject matter of this Distance Sales Agreement (“Agreement”) is to set out the right and obligations between a person (“BUYER”) who will buy a product (“Product”) from www.shopmonreve.com internet site (“Internet Site”) and Saben Aksesuar Hediyelik Eşya San ve Tic Ltd Sti., legal owner of the internet site, (“SELLER/SERVICE PROVIDER”), in accordance with the Law on Protection of Consumers no. 6502 (“Law no. 6502) and the Regulation on Distance Agreements (“Regulation”) (Regulation no. 29188, dated 27.11.2014).
The BUYER, with this Agreement, acknowledges in advance that if he/she approves his/her order, then he/she will go under obligation to pay Product Price along with, if any, additional fees specified such as shipping fee, tax etc., and that he/she has been informed about this issue.
2. SELLER INFORMATION
Title: Saben Aksesuar Hediyelik Eşya San. ve Tic. Ltd. Şti.
Mersis No: 0736043575500016
Address: Adnan Kahveci Cad. No:110 Cido Apt.K.3 Ferahevler Sarıyer, İstanbul
Phone: 0212 262 11 87
Fax: 0212 262 11 89
3. BUYER INFORMATION
Name / Surname / Title: [*]
Email / username: [*]
4. SUBJECTS FOR WHICH BUYER WAS INFORMED BEFOREHAND
The BUYER agrees and undertakes that he/she is a natural or legal person acting for non-commercial or non-professional purposes regarding the purchase he/she made under the scope of this agreement. The BUYER agrees in advance that he/she saw and reviewed, and thus he/she was informed about relevant explanations of internet site on following subjects at every stage of purchasing process.
4.1. Basic characteristics of product to be purchased,
4.2. Title of the SELLER,
4.3. Contact information of the SELLER, which allows the BUYER to contact the SELLER,
4.4. Contact information of the SELLER, which will allow the BUYER to submit his/her complaints regarding a Product purchased under this Agreement,
4.5. Total price of product subject to the Agreement, including all taxes,
4.6. Information on payment, delivery, performance and related commitments and the SELLER’s resolution methods for complaints,
4.7. In cases where there is a right of withdrawal, information on terms, duration, procedure for exercising such right as well as information about carrier, if any, that the SELLER indicates for return,
4.8. Email information where withdrawal notification will be sent,
4.9. In cases where the right of withdrawal cannot be exercised, information specifying that the BUYER cannot benefit from the right of withdrawal or under which conditions the BUYER will lose his right of withdrawal,
4.10. Information that consumers can apply to the Consumer Court or the Consumer Arbitration Committee for disputes.
5. PRODUCT SUBJECT TO THE AGREEMENT, PRICE AND DELIVERY TERMS
5.1. The main features (type, quantity, brand/model, colour, number) of Product are available on the SELLER’s website.
5.2. Prices listed and announced on the website are selling price. Announced prices and campaigns are valid until they are updated and changed. Prices announced for a period of time are valid until the end of specified period. The SELLER reserves the right to change prices at any time.
5.3. Sales price of product, subject to the Agreement, including all taxes, is shown in the below table.
Main features of product, subject to the Agreement
Product Type: [*]
Product Quantity: [*]
Sales Price of Product, subject to the Agreement, including all taxes and costs:
Total sales price (including taxes): [*]
Payment method of order price: [*]
Information on delivery
Delivery Address: [*]
Invoice Address: [*]
Order Date: [*]
Delivery Form: [*]
Delivery costs: [*]
Who will cover delivery costs: [*]
Product delivery periods
A clear information on delivery date cannot be shared for deliveries made via cargo/courier. Delivery is planned to take place within estimated time frame communicated to you at the order stage.
Name / Surname / Title: [●]
Email / username: [●]
Invoice delivery: Invoice will be e-invoice and will be sent to the BUYER’s email address. If it is not possible to send it via email, invoice will be delivered to invoice address together with order at the time of delivery.
6. RIGHT OF WITHDRAWAL
6.1. BUYER; has the right to withdraw from the Agreement without giving any reason and paying any penalty within 14 (fourteen) days from the date of Product delivery to him/her or any person/organization at the address indicated. The BUYER, in order to exercise his/her right of withdrawal, must notify the SELLER of his/her decision that he/she wants to exercise his/her right of withdrawal, by written notification (electronic mail) or by other means available on the internet site (easy return tab), and Product must be delivered to the courier within 14-day period specified under this article. However, Product must not be in the category of Products for which the right of withdrawal cannot be exercised.
6.2. In case the BUYER return Product through SELLER’s contracted cargo company, then delivery costs will belong to the SELLER.
6.3. After delivery of returned Product to the SELLER, the SELLER will examine whether necessary requirements for return are met. The SELLER will, if the return conditions have arisen, approve the return on the website and refund Product price to the BUYER within 14 (fourteen) days from the delivery date of product to him.
6.4. The BUYER will also deliver Product’s invoice and return form (if applicable) together with the product. In addition, the product must be returned in complete and undamaged form together with its box, packaging and standard accessories, if any.
6.5. If there is a decrease in the value of goods due to the BUYER’s fault or if return of product becomes impossible, the BUYER is obliged to compensate the SELLER’s damage in proportion the BUYER’s fault. However, the BUYER is not responsible for any changes and deteriorations that occur during proper use of Product within the right of the withdrawal period.
6.6. In case of falling below campaign limit amount set by the SELLER due to exercise of the right of withdrawal, such discount amount used under the campaign will be cancelled.
6.7. Products for which the right of withdrawal cannot be exercised are as follows:
- Contracts for goods or services of which the price changes depending on fluctuations in the financial markets and which are not under control of SELLER or Supplier.
- Contracts for goods prepared according to consumer’s requirements and personal needs.
- Contracts for delivery of goods which are perishable or expiry date of which can come to end.
- Contracts for delivery of goods which are not suitable for return in terms of health and hygiene amongst those whose protective elements such as packaging, tape, seal, package have been opened after delivery.
- Contracts for goods which are mixed with other products after delivery and cannot be separated due to their nature.
- Contracts for books, digital content and computer consumables offered in material environment, in case protective elements, such as packaging, tape, seal, package, are opened after delivery of goods.
- Contracts for delivery of periodical publications such as newspapers and magazines, other than those provided under a subscription contract.
- Contracts for accommodation, transportation, car rental, food and beverage supply and entertainment or recreation purposes, which must occur within a certain date or period.
- Contacts for services performed instantly in electronic environment or for intangible goods delivered instantly to consumer.
- Contracts regarding services which are started to be performed with approval of consumer before expiry of the right of withdrawal period.
Email information to send withdrawal notification:
Title: Saben Aksesuar Hediyelik Eşya San. ve Tic. Ltd. Şti.
Carrier for product return:
Cargo: Yurtiçi Kargo
6.8. BUYER agrees in advance that he/she has been informed about his right of withdrawal.
7. GENERAL PROVISIONS
7.1. The BUYER agrees, represents, and warrant that he/she has received the information about basic characteristics of Product, subject to the Agreement, sales price including all taxes and payment method, as well as delivery and right of withdrawal on the SELLER’s website, and that he/she has read such information, and that he/she has given his/her confirmation/approval both for sale and preliminary information in electronic environment.
7.2. Each product, subject to the Agreement is delivered to the BUYER and/or any person/organization at the address indicated by the BUYER, provided that it will not exceed 30-day legal period depending on distance of the BUYER’s location. If Product cannot be delivered to the BUYER within such period, the BUYER reserves his/her right to terminate the Agreement.
7.3. The SELLER agrees, represents and warrants to deliver Product, subject to the Agreement, in complete manner in accordance with the qualifications specified in the order and if any, together with warranty certificates, user manuals and necessary information and documents pursuant to the provisions of legal regulations.
7.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and obtaining his/her consent before expiry of its performance obligation arising from the Agreement.
7.5. The BUYER is obliged to check Products upon receipt and immediately notify the SELLER of any defects detected.
7.6. If Products will be delivered to another person indicated by the BUYER, the SELLER cannot be held responsible for non-acceptance of delivery by such person/organization.
7.7. If the SELLER cannot fulfil its obligations under the Agreement due to impossibility of supplying the purchased Product, the SELLER will notify the BUYER in written within 3 (three) days from the date it learns of this situation and will refund product price within 14 (fourteen) days from such notification.
7.8. All refunds to be made by the SELLER in cases specified in the Agreement will be made pursuant to payment instrument and payment method used by the BUYER during purchasing.
7.9. The BUYER agrees, represents and warrants that he/she will confirm the Preliminary Information Form electronically together with this Agreement for delivery of Product, and that the SELLER’s obligation to deliver Product will end, in case the price of purchased product is not paid by the BUYER for any reason and/or it is cancelled in the bank records.
7.10. The SELLER cannot be held responsible, if ordered Product cannot be delivered to the BUYER by cargo company due to any problems that cargo company may encounter during delivery of product to the BUYER.
7.11. The BUYER agrees, represents and warrants that if the product price is not paid to the SELLER by relevant bank or financial institution as a result of unfair use of the BUYER’s credit card by unauthorized persons after delivery of Product to the BUYER or any person/organization at the address indicated by the buyer, the BUYER will return the ordered Product to the SELLER within 3 days at the BUYER’s expense.
7.12. If the BUYER requests goods to be sent with another carrier other that the SELLER’s carrier, the SELLER is not responsible for any loss and damage that may arise after delivery of goods to relevant carrier.
7.13. The BUYER agrees, represents and warrants that the personal and other information provided by the BUYER while subscribing to the SELLER’s website are literal, and that he/she will promptly indemnify all damages incurred by the SELLER due to inaccuracy of such information, in cash and in full, upon SELLER’s first notice.
7.14. The BUYER agrees and warrants in advance to comply with the provisions of legal regulations while using the SELLER’s website. Otherwise, all legal and penal liabilities that may arise will belong entirely and exclusively to the BUYER.
7.15. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs, and harass others, for an unlawful purpose, and infringes the material and moral rights of others. In addition, the BUYER cannot engage in transactions (spam, virus, trojan horse and etc.) that prevent or make it difficult for others to use services on the website.
7.16. The SELLER cannot deliver purchased product within given period in cases of force majeure, such as occurrence of circumstances that are beyond the will of parties and that cannot be foreseen and that they prevent and/or delay fulfilment of the parties’ liabilities, then the BUYER will be notified about such circumstance. In such case, the BUYER has right to request from the SELLER to cancel his/her order, replace purchased product with an equivalent one, if any, and/or delay delivery period until such obstacle is removed. In case the order is cancelled by the BUYER pursuant to this article, for payments made by the BUYER by cash payment method, product price will be paid to the BUYER in cash and in lump sum within 14 (fourteen) days. For payments made by the BUYER by credit card, product price will be returned to relevant bank within 14 days after cancellation of order by the BUYER. Since the reflection of this amount on the BUYER’s accounts after refund of such amount to the bank is entirely related to relevant bank’s transaction process, the BUYER agrees, represents and warrants that he7she cannot hold the SELLER responsible for possible delays.
In the resolution of any disputes that may arise between the BUYER and the SELLER, the SELLER’s records (including such records stored in the magnetic environment such as computer-voice recording) will constitute conclusive evidence. The parties have agreed that the Consumer Arbitration Committees at the BUYER’s and SELLER’s locations will have jurisdiction in disputes arising from implementation and interpretation of the Agreement within monetary limits determined every year pursuant to legislation, and in cases exceeding such limits, then this jurisdiction will belong to the Consumer Courts.
When the BUYER makes payment for his/her order placed on the website, he/she will be deemed to have agreed to the terms of this Agreement. All articles of this Agreement have been read and agreed by the SELLER and BUYER, and the Agreement enters into force on the date it is electronically approved by the BUYER.
SELLER: Saben Aksesaur Hediyelik Eşya San. ve Tic.Ltd. Sti.
DISTANCE SALES AGREEMENT