Distance Sales Contract
- PARTIES
This Agreement has been signed between the following parties under the terms and conditions set forth below.
A.{_aliciname_} {_alicisurname_} ; (hereinafter referred to as "BUYER" in the contract)
Name/Surname/Title : {_aliciname_} {_alicisoyad_}
Address:{_invoiceaddress_}
Phone:{_recipienttelefon_}
E-mail:{_recipientmail_}
ID Number: {_tcid_}
B.MY DREAMS COLLECTION; (hereinafter referred to as "SELLER" in the contract)
Title: MY DREAMS COLLECTION
Address: İstasyon Mahallesi 1456. Sokak No:20 Gebze KOCAELİ
Phone: 0532 501 30 22
E-mail: sales@mdclady.com
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below will express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
WEBSITE/SITE: The website of the SELLER,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or on behalf of those offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
ORDERER: A natural or legal person who requests a product or service through the SELLER's website.
PARTIES: SELLER and BUYER,
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
CONTRACT: This contract concluded between the SELLER and the BUYER,
TOPIC 3
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.
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SELLER INFORMATION
Title: MY DREAMS COLLECTION
Address: İstasyon Mahallesi 1456. Sokak No:20 Gebze-KOCAELİ
Phone: +90 532 501 30 22
Email: sales@mdclady.com
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BUYER INFORMATION
Recipient Name/Surname : {_recipient name_} {_recipient surname_}
Delivery Address :{_delivery address_}
Phone :{_recipient phone_}
Email :{_recipient mail_}
- CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
6.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are published on the SELLER's website. If a campaign is organized by the Seller, you can examine the basic features of the relevant product during the campaign period. Valid until the campaign date. Limited to stocks.
6.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Date :{_date_}
{_productinformation_}
Shipping Amount: {_shipping_}
The type and kind, quantity, brand/model and color sales price of the products are as stated above.
Payment method: {_paymentwithpass_}
Recipient Name/Surname : {_recipient name_} {_recipient surname_}
Shipping address: {_shipping address_}
Billing Address: {_billing address_}
Delivery Type: {_cargoname_}
{_paymenttable_}
6.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
6.5. In cases where the order has to be cancelled due to the fact that the product cannot be produced due to the lack of materials, the SELLER is obliged to refund the payment to the BUYER. The BUYER shall not claim any other rights, damages or compensation due to the failure to supply the product. The SELLER shall not exercise these rights.
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BILLING INFORMATION
Recipient Name/Surname : {_recipient name_} {_recipient surname_}
Address :{_invoice address_}
Phone :{_recipient phone_}
Email/username :{_recipient mail_}
Invoice delivery: Invoice will be sent to the invoice address along with the order during delivery of the order.
will be delivered.
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RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters.
8.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it on the BUYER side and prevent it from being accessed by unrelated persons, belongs to the BUYER.
8.2. In addition to and confirming the permissions-approvals regarding personal data and commercial electronic communications provided by the BUYER in other ways; the information obtained during the BUYER's membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways indefinitely or for a period to be determined by the SELLER and its successors for the provision of various products/services and all kinds of information, advertisement-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications. These data may also be forwarded to the relevant Authorities and Courts when required by law. The BUYER has consented and allowed the use, sharing and processing of his/her current and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the above scope and to receive commercial and non-commercial electronic and other communications.
8.3. BUYER may stop the data usage-processing by reaching SELLER through the specified communication channels and/or by reaching them through the same channels in accordance with the legal procedure or by using the right of rejection in electronic communications sent to him/her at any time. According to BUYER’s clear notification in this regard, personal data transactions and/or communications to him/her shall be stopped within the legal maximum period; in addition, if he/she wishes, his/her information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or shall be anonymized in a way that will not reveal his/her identity. BUYER may, if he/she wishes, always apply to SELLER through the above communication channels and receive information on matters such as transactions regarding the processing of his/her personal data, persons to whom it is transferred, correction in case of deficiency or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by analyzing it with automatic systems, compensation in case of damages due to unlawful processing of data. Applications and demands regarding these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to him/her.
8.4. Regarding all kinds of information and content of the WEBSITE and their arrangement, revision and partial/full use; all intellectual-industrial rights and property rights belong to the SELLER, except those belonging to other third parties according to the agreement of the SELLER.
8.5. SELLER reserves the right to make any changes it may deem necessary regarding the above issues; these changes shall be valid from the moment they are announced by SELLER on the WEBSITE or by other appropriate methods.
8.6. Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.
8.7 All registered or unregistered intellectual property rights such as title, business name, brand, patent, logo, design, information and method on this Site belong to the site operator and owner company or the specified relevant person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any rights regarding the said intellectual property rights.
8.8 The information on the Site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission. In the event of such a violation, the user will be responsible for the amount of compensation requested from the company due to the damages suffered by third parties and all other liabilities, including but not limited to court costs and attorney fees.
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GENERAL PROVISIONS
9.1. BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER's website, has been informed and has given the necessary confirmation electronically. BUYER's electronic confirmation of the Preliminary Information, accepts, declares and undertakes that he/she has obtained the address that should be given to BUYER by SELLER before the establishment of the distance sales contract, basic characteristics of the ordered products, price of the products including taxes, payment and delivery information correctly and completely.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance to the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the job, free from any defects, in accordance with the requirements of the legal legislation, in a sound manner and in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
9.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and that if the contractual product price is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the contractual product will be terminated.
9.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.
9.8. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a lump sum within 14 days in payments made by the BUYER in cash. In the case of payments made by the BUYER by credit card, the product price shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
9.9. SELLER has the right to reach BUYER via letter, e-mail, SMS, telephone conversation and other means for communication, marketing, notification and other purposes through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by BUYER later. BUYER accepts and declares that SELLER may engage in the above-mentioned communication activities towards him/her by accepting this contract.
9.10. BUYER shall inspect the goods/services subject to the contract before receiving them; shall not accept damaged and defective goods/services such as crushed, broken, torn packaging etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to BUYER. If the right of withdrawal is to be used, the goods/services shall not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. BUYER declares and undertakes that the personal and other information provided by him while becoming a member of the SELLER's website is true and correct, and that he will compensate the SELLER for all damages that may be incurred due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. BUYER cannot use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, members cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9.15. Links may be provided 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 through the SELLER's website. These links are provided for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract shall be personally and legally liable for this violation and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the BUYER due to non-compliance with the membership contract.
9.17. The company always reserves the right to make changes to prices and the products and services offered.
9.18. The company accepts and undertakes that the member will benefit from the services subject to the contract, except for technical malfunctions.
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RIGHT OF WITHDRAWAL
10.1. If the distance contract is related to the sale of goods, the BUYER may use the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is required that a written notice be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. In case of exercise of this right;
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of 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 indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases due to a reason caused by the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
11.1 Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are beyond the control of the seller or provider.
11.2 Contracts for goods prepared in line with the consumer's wishes or personal needs.
11.3 Contracts for the delivery of goods that are perishable or subject to expiry.
11.4 Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
11.5 Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
11.6 Contracts regarding books, digital content and computer consumables, data recording and data storage devices presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
11.7 Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract.
11.8 Contracts for accommodation, transport of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
11.9 Contracts for services performed instantly in an electronic environment or for intangible goods delivered instantly to the consumer.
11.10 Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
11.11 In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes as well as stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, undamaged and unused.
11.12 In accordance with this contract , when purchasing wedding dresses, evening dresses, evening dresses, engagement dresses, caftans, etc. , the personal requests specified are taken as orders and production activities are started immediately; after this stage, the right of withdrawal cannot be used. Additional changes and requests to be made by the BUYER after the first order stage will be priced separately by the SELLER.
11.13 The BUYER cannot exercise the right of withdrawal in products that are produced in accordance with the BUYER's special requests and demands or that have been personalized by making changes or additions. In addition, the BUYER cannot exercise the right of withdrawal in products that cannot be returned due to their nature, are likely to deteriorate rapidly or have an expiration date.
11.14 In accordance with this contract, when the deposit or the full balance of the product is received for dresses such as wedding dresses, evening dresses, evening dresses, engagement dresses, caftans, etc., the order for that date is created and the process is started. Therefore, any product that is in production and has not been delivered to the BUYER cannot be changed or returned during the ordering phase. For this reason, it falls within the scope of PRODUCT FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED.
11.15 Refunds will only be made if the product is considered defective. Wedding dresses, engagement dresses, evening dresses, evening gowns, caftans and accessories, which are included in the scope of PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED due to their nature, cannot be exchanged or returned if the product is not defective.
- CONFIDENTIAL INFORMATION
12.1. The company will not disclose personal information provided by users through the site to third parties. This personal information includes all kinds of information intended to identify the BUYER, such as the person's name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information'.
12.2. The BUYER accepts and declares that he/she approves the company that owns the Site to share his/her communication, portfolio status and demographic information with its affiliates or group companies to which it is affiliated, and to receive electronic messages in this context for himself/herself or its affiliates, limited to the use within the scope of marketing activities such as promotion, advertisement, campaign, promotion, announcement etc. This personal information may be used within the company to determine the customer profile, to offer promotions and campaigns suitable for the customer profile and to conduct statistical studies.
12.3. The BUYER has the right to cancel the approval given under this contract without giving any reason. The company will process the cancellation immediately and will refrain from receiving electronic messages from the user within 3 (three) business days.
12.4. Confidential Information may only be disclosed to official authorities if such information is requested by official authorities in accordance with the procedure and in cases where disclosure to official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.
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DEFAULT EVENT AND ITS LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that if he/she defaults while making payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER defaults due to his/her debt, the BUYER accepts, declares and undertakes that he/she will pay the loss and damage suffered by the SELLER due to the delayed payment of the debt.
- CHANGES TO BE MADE IN THE CONTRACT
The company may change the services offered on the site, the terms of this agreement and its annexes partially or completely at any time. Changes will be valid from the date they are published on the site. It is the responsibility of the BUYER to follow the changes. The BUYER is deemed to have accepted these changes by continuing to benefit from the services offered.
- NOTIFICATION
All notifications to be sent to the parties regarding this Agreement will be made through the known e-mail address of the SELLER and the e-mail address specified by the user in the membership form. The user accepts that the address specified during membership is the valid notification address, that in case of any change, he/she will notify the other party in writing within 5 days, otherwise, notifications to be made to this address will be deemed valid.
- EVIDENCE AGREEMENT
In any disputes that may arise between the Parties regarding the transactions related to this agreement, the Parties' books, records and documents, computer records and fax records will be accepted as evidence in accordance with the Code of Civil Procedure No. 6100, and the user accepts, declares and undertakes not to object to these records.
- FORCE MAJEURE
If the parties cannot fulfill their obligations arising from the contract due to reasons beyond the control of the parties such as natural disasters, fire, explosions, civil wars, wars, riots, civil movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), the parties are not responsible for this. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.
- REGISTRATION AND SECURITY
The User must provide accurate, complete and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated and the User's account may be closed without notification.
The User is responsible for the security of his/her password and account on the site and third party sites. Otherwise, the Company cannot be held responsible for any data loss, security breaches or damage to hardware and devices.
- NO WARRANTY
This contract clause shall apply to the maximum extent permitted by applicable law. The services provided by the Company are provided on an “as is” and “as available” basis and no warranties of any kind, express or implied, statutory or otherwise, are made with respect to the services or the application (including all information contained therein), including all implied warranties of merchantability, fitness for a particular purpose or non-infringement.
- INTEGRITY AND ENFORCEABILITY OF THE AGREEMENT
If one of the terms of this contract becomes partially or completely invalid, the remainder of the contract remains valid.
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COMPETENT COURT
Complaints and objections regarding disputes arising from this contract will be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the Law.
Courts of Justice and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement, beyond the monetary limits of the consumer arbitration committee.
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FORCE
The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.
The BUYER accepts that he/she is subject to the above conditions while using all the services offered on the site, and by using and continuing to use the service on the site; he/she has the right, authority and legal capacity to sign a contract according to the laws to which he/she is subject and is over 18 years of age, that he/she has read, understood this contract and is bound by the terms written in the contract.
SELLER: MY DREAMS COLLECTION
RECEIVER : {_recipient name_} {_recipient surname_}
DATE : {_date_}