Distance Sales Agreement

PARTIES

This Contract is entered into between;

SELLER

Title :

Mersis Number :

Address

E-mail :

Phone Number :

PURCHASER

Name Surname/Title :

Address:

E-mail :

Phone number :

as of ../../… upon the acceptance and confirmation that were provided over the online platform.

(Hereinafter individually referred to as ‘‘Party’’ and collectively a ‘‘Parties’’.)

For purposes of this Contract, the following terms shall have the following meanings:

MINISTRY : Ministry of Trade,

LAW : Law on Consumer Protection No. 6502,

REGULATION : Regulation on Distance Selling Contracts dated 27.11.2014 and published on

DPL : Personal Data Protection Law No. 6698,

PRODUCT : Goods to be sold under the web-site of the Mall of Turkey subject to the selling and purchasing processes governed under this Contract,

SELLER : The company that offers goods to the consumers within the context of its commercial or professional activities,

PURCHASER : Real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,

WEBSITE : Seller’s website,

ORDERER : Real or legal person who orders a good or service through Seller’s website,

PARTIES : The Seller and the Purchaser,

AGREEMENT : The distance selling contract that Seller and the Purchaser concludes.

SUBJECT OF THE CONTRACT

3.1

The subject of this Agreement is to set the rights and obligations of the Parties with regards to sale and delivery of products ("Product/Products"), for which the qualifications and prices are mentioned in the Contract and that the Customer orders through electronic platforms from the Seller's website https://www.mallofturkeya.com (“Website”), in accordance with the provisions of the Law on Consumer Protection No. 6502 ("Law") and the Regulation on Distance Contracts dated 27.11.2014 ("Regulation").

3.2

The prices listed and announced on the Website are the sales prices. The prices announced on the Website are valid until they are updated or changed. The prices that are announced for a limited term are valid until the end of the specified term.

THE PRODUCT OR SERVICE THAT THE CONTRACT COVERS, PAYMENT AND DELIVERY

The type, quantity, brand, model, color and sale price (including VAT) of the Product or Products that constitute the subject of this Agreement are as follows:

Method of Payment :

Delivery Address :

Recipient’s Name :

Billing Address :

RIGHTS, OBLIGATIONS AND STATEMENTS OF THE PARTIES

The Purchaser acknowledges, undertakes, and confirms that she/he has read and in electronic format approved the preliminary information form consisting of following information and that she/he has been informed accurately and fully about the following information; Product’s qualifications and price (including VAT), method of payment, delivery, delivery cost, right of withdrawal, Purchaser’s obligation to pay for the costs caused by usage of right of withdrawal, Seller’s title, address and contact information.

5.2

The Purchaser, acknowledges, undertakes and confirms that by accepting the terms of this Contract that she/he has been informed about the following preliminary information and that she/he approved them in electronic format and then ordered the Product and/or Products; Product’s qualifications and price (including VAT), method of payment, terms of delivery, all other preliminary information and right of withdrawal.

5.3

The delivery of the Product or Products will be made as soon as possible upon receiving the sales price on the condition that the Product or Products are in stock. The Purchaser shall be able to use one of her/his rights listed on Article 5.14 of this Contract if the stocks are not available for the ordered Product. The Seller acknowledges, undertakes, and confirms that it will, in no more than 30 days, depending on the distance of the Purchasers place of settlement, deliver the Product or Products to the delivery address of the Purchaser.

5.4

The Seller acknowledges, undertakes and confirms that it is responsible for delivering the Product or Products subject to this Contract in full, in accordance with the qualifications specified in the Contract, with the certificate of warranty and user guide and all other necessary documents and information.

5.5

If the Seller has declared that the delivery cost of the Purchaser who exceed the total amount specified on the Website will be covered by the Seller or that it will make free delivery within a campaign, the delivery cost belongs to the Seller. However, there isn’t any statement regarding free delivery, the delivery costs will be covered by the Purchaser.

5.6

The Customer shall check the Product or Products subject to the Contract at the time of delivery but before receiving them and he/she will not accept them if crushed, broken, torn or somehow damaged or defected.

5.7

The Purchaser acknowledges, confirms and undertakes that the Product or Products received from the cargo company are delivered to him in full, undamaged and without a defect. It is Purchaser’s responsibility to keep the products safe after the delivery. If the right of withdrawal will be used then the Product or Products should not be used. The invoice must also be returned with the Product or Products. The Seller reserves the right to not accept the return of the Products or Products if the Products or Products returned by using the right of withdrawal have been used.

5.8

The Purchaser acknowledges, confirms and undertakes that if the bank or financial institution concerned does not pay the Seller the price of the Products or Products due to the unfair or unlawful use of the Purchaser's credit card by unauthorized persons after the delivery of the Product or Products, the Purchaser is obliged to send the Product or Products to the Seller within 3 (Three) days, in which case delivery cost belongs to the Purchaser.

5.9.

If for any reason the Seller is not paid for the Products or Products, or that the payment cancelled in the bank records, the seller shall be free of its obligation to deliver the Product or Products.

5.10

The Parties acknowledge, confirm and undertake that if Product or Products are asked to be delivered to a third person other than the Purchaser, the Seller is not responsible for the occasions where the third person does not accept the delivery.

5.10

The Seller may provide other Product or Products of equal quality and price to the Purchaser before the period determined for performing its duties in the Contract expires if there is a fair justification. If the Seller believes that performing its duties have become impossible, she/he shall notify the Purchaser before the period for performing its duties in the Contract expires. The price paid and the documents, if any, shall be returned to the Purchaser within 10 (Ten) working days.

5.12

The Seller shall not be held responsible if the ordered Product or Products cannot be delivered to the delivery address of the Purchaser specified in this Contract due to any problems that the delivery company will encounter during the delivery of the Product or Products to the Purchaser.

5.13

If the Seller cannot deliver the Product or Products in cases where the delivery of the Product or Products has become impossible, it shall notify the Purchaser before the period for performing its duties under the Contract expires and can provide the Purchaser with other Product or Products of equal quality and value.

5.16

For Purchaser's credit card payments, the amount paid for the Product or Products is refunded to the relevant bank within 7 days after the order is canceled by the Purchaser. The reflection of this amount on Purchaser's bank account after the refund is entirely related to the bank's transaction processes and it is not possible for Seller to intervene in any way regarding this issue.

5.17

The vouchers -if any- that Purchaser has for use on the Website can only be used once for each order. If used 2 or more times, the order will be canceled, and the amount paid will be refunded.

5.18

Seller reserves the right to stop the order where it deems necessary when the information provided by the Customer are not accurate. In cases where the Seller detects problems with the order, the Seller is entitled to freeze the order for 15 (fifteen) days, if it cannot contact with the Purchaser through the phone number, e-mail and mail addresses provided by the Purchaser for. The Purchaser is expected to contact the Seller during this period. If no response is received from the Customer during this period, Seller cancels the order to avoid possible damages for both parties. If the Purchaser places an order with payment through wire transfer for two consecutive times and does not make the payment, the Seller reserves the right to cancel that Purchaser's other orders placed with payment through wire transfer. If the Purchaser refuses the delivery for her/his orders placed with payment on delivery, the Seller is entitled to cancel Purchaser’s other orders placed with payment on delivery.

5.19

The Product or Products covered under a campaign can only be exchanged with Product or Products under the same campaign. In case the Product or Products under a campaign are asked to be replaced with Product or Products that are not covered under the same campaign, the Product or Products in the possession of Purchaser will be evaluated with their season price and the remaining balance will only be able to be used for the categories that are not covered under the campaign.

5.20

In the process of returning the Product/Products covered under a campaign, it is mandatory for Purchaser to send all the Product/Products he purchased from that campaign to the Seller. If only one product is sent to Seller for the return of Product/Products covered under the campaign; the Product or Products that are not sent will be evaluated with their season price and the remaining balance will be refunded accordingly.

5.21

Purchaser who violates the provisions of this Contract shall be personally responsible for this violation in terms of both civil and criminal law. The Seller shall not be liable for the legal and criminal consequences of these violations. In addition, Seller reserves the rights to file a lawsuit and complain in any way due to this violation.

RIGHT OF WITHDRAWAL AND CHANGING

6.1

The Purchaser, without any reason and within 14 (Fourteen) days upon the delivery of the Product/Products to the delivery address specified in this Contract, may exercise the right of withdrawal, or change the Product/Products she/he bought.

6.2

In order to exercise the right of withdrawal, it is imperative that the Seller is notified by phone or e-mail within the 14 (Fourteen) days period and that the Product/Products that are intended to be returned must not have been used as explained in the provisions of Article 6 of this Agreement and must be in a form that the Seller may resell. If the right of withdrawal is exercised:

6.3

The invoice of the Products/Products delivered to the delivery address specified by the Purchaser in this Contract must be delivered to the Seller in full and undamaged, together with the return form, the box, packaging and the standard accessories of the Product/Products if any. (If the invoice of the Product/Products to be returned is corporate invoice, it must be sent with the return invoice issued by the purchaser institution when returning. The orders for which the invoice is issued for purchaser institutions, cannot be returned without a return invoice issued by the purchaser institution)

6.4

Within 10 (Ten) working days following the arrival of the items listed in Article 6.2 to the Seller, the amount paid for the Product/Products will be returned to the Purchaser or Product/Products will be changed.

6.5

All delivery costs of the Product/Products returned for any reason during the specified period, including delivery to the Purchaser, will be covered by the Seller. In case of change, the delivery costs related to the first change will be covered by the Seller and the second change cost will be covered by the Customer if the same Product/Products are changed twice. The same product cannot be changed more than 2 times within the same order. The service fee charged by the cargo company within the payment made for Product/Products in connection with the orders placed with payment on delivery is not refundable.

6.6

When returning the Product/Products to the Seller, the original invoice submitted to the Purchaser at the time of delivery must also be returned to the Seller, and if the invoice is not sent to the Seller with the Product/Products or within 5 (Five) days of the shipment of the Products/Products at the latest, the refund will not be made, and the Product/Products will be sent back to the Purchaser in the same way as a counter-payment.

6.7

The Purchaser will write ‘‘This is a return invoice’’ on the invoice that will be returned and sign it.

PROTECTION OF PERSONAL DATA

7.1

The Seller acknowledges, confirms and undertakes that it will securely store any personal data transferred to it by the Purchaser under the Contract. It is Seller's own legal responsibility to carry out any data processing activities other than this transfer purpose such as fulfilling the obligations stipulated in the applicable legislation for explicit consent, clarification, etc. if necessary.

7.2

The Parties acknowledge and confirm that they obtained, processed, stored and transferred the personal data they will transfer to each other in compliance with the procedures and principles in the DPL, the relevant regulatory actions, and the provisions on the protection of personal data contained in the relevant legislation. In addition, the Parties acknowledge and confirm that the owners of the relevant personal data are clearly informed in accordance with the procedures and principles contained in the DPL, the relevant regulatory actions, the provisions on the protection of personal data contained in the relevant legislation, and that the explicit consent of the data owners is obtained if required by the circumstances.

1. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

For the Products whose protective elements such as packaging, tape, seal, package have been opened after deliver yor Products that are not suitable for return in terms of health and hygiene shall not be accepted for right of withdrawal;  

GOVERNING LAW AND JURISDICTION

9.1

This agreement shall be governed by Turkish Law and any disputes that may arise out of this Agreement shall be settled by the Courts and Execution Offices of Istanbul.

9.2

In this respect, Consumer Arbitration Committees and Consumer Courts and Enforcement Offices in the Customer's settlement are authorized up to the value announced by the Ministry of Trade under Turkish Law.

MISCELLANEOUS

10.1

If any provision or part of this Agreement is held invalid under any law, by any legal or governmental authority or court, such provision shall not affect the validity of the remaining provisions.

10.2

Parties accept that the above-specified addresses are their legal notification addresses.  Unless any address changes are notified to the other party in writing, the notices served to the above addresses shall be legally binding.

10.3

This Agreement has been confirmed by the duly authorized representatives of the Parties via www.malofturkeya.com.tr