DISTANCE SALES AGREEMENT

  1. DEFINITIONS

Seller: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the goods offering,

Consumer/Buyer: A real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,

Goods/Products: Subject to shopping;  movable goods, immovable properties for residential or holiday purposes and software, sound, image and all kinds of similar intangible goods prepared for use in electronic environment,

Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in exchange for a fee or benefit,

Distance Contract: Contracts established by establishing remote communication tools between the parties until the moment the contract is established and including the moment it is established, within the framework of a system established for the remote marketing of goods or services without the simultaneous physical presence of the seller and the buyer,

Site: The website of the seller,

Parties: Seller and Buyer,

 

  1. PARTIES

2.1. Sshooter

 

Title:

  

Mengi Yay Shipping Industry and Trade Joint Stock Company
 

Address:

  

Evliya Celebi Mahallesi Gani Sokak  No:14 Ic Kapi No:1 Tuzla/Istanbul/TURKEY
 

Telephone number:

  

0216 395 05 64
 

MERSIS Number:

  

0615-0609-4550-0001

 

 

2.2. Alocator

 

Name Surname/Title:

  
 

Address:

  
 

Telephone number:

  
 

E-Mail Address:

  

 

  1. TOPIC

The subject of this Agreement is to determine 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 regarding the sale and delivery of products and services ordered electronically from the store.mengiyay.com website belonging to the Seller and whose qualifications and sales fee are specified below. In cases where there is no provision in the contract, the provisions of the legal legislation are applied.

The Buyer has been informed by the Seller in a clear, understandable and online manner about the name, title, full address, telephone and other access information of the Seller, the basic characteristics of the service subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information about the service subject to sale and the exercise of the right of “withdrawal” and how to use this right, the official authorities to which they can submit their complaints and objections, etc.,  confirms this preliminary information electronically and then orders the service in accordance with the provisions of this contract.

The preliminary information form on the store.mengiyay.com site and the invoice issued upon the order given by the Buyer are integral parts of this contract.

 

  1. PRODUCTS AND SERVICES SUBJECT TO THE CONTRACT
 

Product/Service:

  
 

Product/Service Detail:

 

  
 

Number of Products/Services:

  
 

Total VAT:

  
 

Product Delivery/Shipping Fee:

  
 

Total Amount Including VAT:

  

 

  1. MODE OF DELIVERY AND PAYMENT

5.1.  In the case of product sales through the website, the product is delivered to the delivery address specified by the buyer on the website or to the person / institution at the address directed by him/herself within 30 days at the latest with the invoice. In the event of termination of the contract, the seller shall refund all collected payments to the buyer within 14 days from the date of receipt of the notice of termination.

5.2.  In cases where it becomes impossible to fulfill the performance of the goods or services subject to the order, the seller shall notify the buyer within three days from the date of learning of this situation and shall refund all payments collected, including delivery costs, if any, within fourteen days at the latest from the date of notification.

5.3.  The buyer is responsible for checking the product as soon as it receives it and if it sees a problem caused by the cargo in the product, not accepting the product and keeping a report with the cargo company official. Otherwise, the seller will not accept responsibility.

 

 

Payment Method:

  
 

Person/Institution Name-Surname/Title Information to be Delivered:

  
 

Person/Institution Phone Number to be Delivered:

  
 

Delivery Address:

  
 

Billing Address:

  

 

  1. GENERAL PROVISIONS

6.1. The Buyer accepts that he has read and informed the preliminary information on the basic characteristics, sales price, payment method and delivery of the products and services shown on the website and has given the necessary approval in electronic environment.

6.2. The Seller is responsible for the delivery of the product subject to the contract in a complete manner, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

6.3. In the event that the product or service subject to the contract constitutes a violation of the contract due to the fact that it does not have the features that it should have on the website, the buyer shall withdraw from the contract by declaring that he is ready to return the sold, to keep the sold one and to request a discount from the sales price at the rate of defect, if it does not require an excessive expense, to request the free repair of the sold one at all expenses, if possible, to replace the sold with a defect-free multiple.  can exercise one of the optional rights of the request. In the event that one of the rights of free repair or replacement of the goods with defect-free multiples is selected, this request shall be fulfilled within a maximum of 30 working days from the date of the submission of this request to the seller. In cases where the buyer chooses the right to withdraw from the contract or to discount the price at the rate of defect, the entire price paid or the amount of the discount made from the price will be immediately returned to the buyer. Liability for defective goods is subject to a statute of limitations of two years from the date of delivery of the goods to the buyer, even if the defect has arisen later. In cases where the buyer is aware of the defect at the time the contract is established or is expected to be aware of it, there is no violation of the contract. The buyer’s optional rights against defects other than these exist as stated above.

6.4. If the product/service fee is not paid by the buyer for any reason or is canceled in the bank records, the seller will not be obliged to deliver the product/service.

 

  1. RIGHT OF WITHDRAWAL

7.1.  In distant contracts for the sale of goods, the buyer may exercise the right to withdraw from the contract by rejecting the goods without assuming any legal and criminal responsibility and without any justification, provided that the seller is notified within 14 (fourteen) days from the date of delivery of the product to himself or to the person / organization at the address indicated.

7.2.  The period of the buyer’s right of withdrawal starts on the day of the establishment of the contract in the contracts for the purchase of services; and in the case of contracts for the purchase of products, the day on which the buyer or the third party determined by the buyer receives the goods. At the same time, the buyer can exercise the right of withdrawal within the period from the establishment of the contract to the delivery of the goods.

7.3.  In determining the period of the right of withdrawal; in the case of products that are the subject of a single order and delivered separately, the day on which the buyer or the third party determined by the buyer receives the final product; in the case of products consisting of more than one part, the day on which the buyer or the third party determined by the buyer receives the last part; in contracts where regular delivery of the product is made for a certain period, the day on which the buyer or the third party determined by the buyer receives the first product is taken as the basis.

7.4.  The notification that the right of withdrawal has been used must be directed to the seller before the expiry of the right of withdrawal. The Buyer may exercise the relevant right through the website name, the company’s telephone number through the telephone number or the company’s e-mail address via the e-mail address.

7.5.  The invoice of the product delivered to the third 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. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the return invoice is issued.)

7.6.  The products to be returned must be delivered complete and undamaged with their box, packaging, standard accessories, if any.

7.7.  The buyer must send the goods back to the seller within 10 days from the date on which he directs the notification to the seller that he has exercised the right of withdrawal.

7.8.  Within 14 (fourteen) days from the use of the buyer’s right of withdrawal, all payments made by the buyer for the relevant product, including the delivery costs of the product, if any, will be returned to the buyer in accordance with the payment instrument used when purchasing and without any costs or obligations to the buyer. In transactions made with credit cards, the return of the product price to the bank is made by the seller and then reflected in the buyer’s accounts after the return transaction processes of the relevant bank are completed.

7.9.  The buyer cannot exercise the right of withdrawal in the following contracts:

  1. a) Contracts for goods and services whose price varies depending on fluctuations in the financial markets and which are not under their control.
  2. b) Contracts for goods prepared in accordance with the wishes or personal needs of the buyer.
  3. c) Contracts for the delivery of goods that may be perishable or expired.
  4. d) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of those whose return is not suitable in terms of health and hygiene.
  5. e) Contracts for goods that are mixed with other products after delivery and which cannot be separated by their nature.
  6. f) Contracts for books, digital content and computer consumables offered in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
  7. g) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement.
  8. h) Contracts for accommodation, carriage of goods, car rental, provision of food and beverages and the use of leisure time for entertainment or recreation, which must be concluded on a specific date or period.
  9. i) Contracts for services performed instantly in electronic form or for intangible goods delivered to the buyer instantly.
  10. j) Contracts for services whose performance is started with the approval of the buyer before the expiry of the right of withdrawal period.
  11. FORCE MAJEURE

8.1.  Circumstances which do not exist or are unforeseen at the date of entry into force of the Convention, which develop outside the control of the parties, which, upon their occurrence, make it impossible for one or both of the parties to partially or fully fulfill their obligations and responsibilities imposed by the contract or to fulfill them in a timely manner, shall be considered as force majeure (natural disaster, war, terror, insurrection, seizure or strike, lockout, significant malfunction of production and communication facilities, etc.).  Will. The party in the event of force majeure shall notify the other party of the situation as soon as possible.

8.2.  During the continuation of the force majeure event, no responsibility shall arise due to the failure of the parties to fulfill their obligations. If the force majeure situation continues for 30 days, each of the parties will have the right to terminate unilaterally.

  1. PRIVACY

The information provided by the  Buyer to the Seller for the purpose of making payments with the information specified in this S agreement will not be shared by the Seller with third parties.

The Seller may disclose this information only in the presence of administrative/legal obligation. Within the scope of any forensic investigation whose research license is documented, the Seller may provide the relevant authority if he / she has the information requested from him.

Credit Card information is never stored, Credit Card information is only used to secure the provision by transmitting to the relevant banks during the collection process and is deleted from the system after the provision.

Information such as the Buyer’s e-mail address, postal address and telephone is used only by the Seller for standard service delivery and disclosure procedures.

 

  1. COMPETENT COURT IN CASE OF DISPUTE

Consumer Arbitration Committees up to the value announced by the Ministry of Commerce, in cases exceeding it, the Consumer Courts and Enforcement Directorates in the place of residence of the buyer and seller are authorized.

  1. DECLARATION OF ACCEPTANCE

The buyer has read all the conditions and explanations written in the Preliminary Information Form on the website, has prior knowledge of the basic features, qualities, sales price, payment method, delivery conditions, seller and all other issues related to the products / services subject to sale, has seen all of them electronically on the website, reads it, accepts its content and approves all of them electronically,  accepts and declares that it accepts these provisions by ordering the products/services by giving acceptance permission.

  1. ENFORCEMENT

This Agreement has been entered into force and entered into force by reading by the Parties, approved electronically by the Buyer and by making payment as a positive act of action.