Article 1 - SUBJECT MATTER OF AGREEMENT AND PARTIES
1.1 This agreement governs the rights and obligations of the BUYER, whose details are provided below, and SELLER in relation with the products and services purchased by BUYER from website operated by SULER at the address of www.machka.com.tr (hereinafter, WEBSITE) and delivery of such products and services to the delivery address of BUYER pursuant to provisions of the Consumer Protection Act No 6502 and the Implementing Principles and Procedures of Remote Agreements Regulation.
1.2. BUYER agrees and represents that she is aware of the basic specifications, sales price, payment method, delivery conditions of the products and services that she purchased as well as of all sorts of information about such products or services and her right to "withdraw" and consented such initial information electronically and then ordered such products and services under the provisions of this Agreement. Initial information and invoice provided in the payment page of www.machka.com.tr are integral part of this Agreement.
1.3. SELLER'S DETAILS
Title: İPEKYOL GİYİM SANAYİ PAZARLAMA VE TİCARET ANONİM ŞİRKETİ
Address: BOMONTİ KAZIM ORBAY CADDESİ NO:35 ŞİŞLİ, İSTANBUL
Phone :(+90) 212 368 01 01
Fax :(+90) 212 296 24 24
BUYER'S DETAILS Name/Title: @Model.FullName
Delivery Address: @Model.Delivery
IP address: @Model.IP
ARTICLE 2 - DATE OF AGREEMENT
2.1. This agreement made by parties and entered into force on @Model.Date where BUYER issued her order via WEBSITE and a copy of the agreement is sent to e-mail address of BUYER.
ARTICLE 3 - PRODUCTS AND SERVICES ORDERED
3.1. The details of the products and services ordered by BUYER, cash sales amounts including tax and quantities are provided below. All of the products provided in the following table shall hereinafter be referred collectively as PRODUCT.
|Görsel||Ürün||Birim Tutar||Adet||KDV Tutarı||Satış Fiyatı|
@item.ProductName - @item.ProductColor - @item.ProductBody
ARTICLE 4 - DELIVERY OF PRODUCTS
4.1. PRODUCT shall be delivered to delivery address of BUYER as provided in the WEBSITE or such real/legal entity at such address, as bundled with invoice, packaged and in good conditions in no later than 30 days, subject to extension in compulsory cases.
4.2. If the PRODUCT will be delivered to other real/legal entity other than BUYER, SELLER shall not held responsible for if such recipient refuses to accept delivery of the product.
4.3. BUYER is responsible for checking on the PRODUCTS once she received the PRODUCT, refusing to accept the PRODUCT if she sees a problem caused due to transportation, and have officer of COURIER company draft a report for such problem. Otherwise, SELLER will refuse to accept responsibility.
ARTICLE 5- PAYMENT METHOD
5.1. BUYER agrees, represents and undertakes that by the virtue of credit sales being made only with credit cards of the Banks, she will further confirm the relevant interest rates and default interest with the relevant bank and the provisions related with interest and default interest under the credit card agreement between Bank and buyer shall be applied pursuant to provisions of applicable legislation in force. Credit sales facilities provided by institutions providing credit card, installment card etc. such as Banks and financial institutions are the installment payment facilities provided by said institutions as credit and/or directly and the PRODUCT SALES made hereunder, the price of which is fully collected by SELLER is not deemed as credit sales rather as sale for cash with respect to parties of this Agreement. SELLER reserves his legal rights in the transactions legally deemed as credit sales (including right to terminate the agreement and claim all remaining debts, together with default interest, if BUYER defaults any of the installments). If BUYER is in default, a monthly default interest of 5% shall be imposed.
ARTICLE 6- GENERAL PROVISIONS
6.1. BUYER agrees that he read initial information about and aware of the basic specifications, sales price and payment term of the products displayed in the WEBSITE and gave the necessary consent for sales in the electronic format.
6.2. BUYER, with the confirming this agreement electronically, confirms accurate and complete receipt of the address, basic specifications of the products ordered, tax inclusive prices of the products, payment and delivery details that must be provided by Seller to Consumer, before entering into the remote agreements.
6.3. SELLER is responsible for delivering the contracted products in good conditions, completely, with specifications as indicated in the order and together with warranty documents and user's guide, if any.
6.4. SELLER may provide BUYER with another product which has the same quality with and different price than ordered one prior to expiry of her obligation performance period arisen out of this agreement.
6.5. If SELLER is unable to fulfill her obligations due to impracticability of the providing the good or service ordered, then she shall inform it to consumer before expiration of her performance obligation arisen out of this agreement and may provide BUYER a product which has same quality but different price than the ordered one.
6.6. It is a precondition for effecting the delivery of the product that signed copy of this agreement must have been submitted to SELLER and the price must have been paid with the payment method as preferred by BUYER. If the price of the product is not paid or the payment is cancelled by bank due to any reason, SELLER shall be deemed to have been relieved from the obligation of delivering the product.
6.7. If the price of the PRODUCT is not paid to SELLER by Bank/financial institution which owns the credit card through which transaction is processed after the PRODUCT delivery due to any reasons, PRODUCT shall be returned to SELLER by BUYER, at the cost of BUYER, in no later than 3 days. SELLER also reserves his any kind of other contractual/legal rights in any case, including the debt follow-up.
6.8. If the product cannot be delivered in 30 days due to the extreme events (extreme weather conditions, earthquake, flood, fire) other than regular sales conditions and such delay extends beyond 10 days, SELLER informs BUYER about the delivery. In this case, BUYER may cancel the order, may order similar product or may await until the end of such extreme events. In the event of order cancellation, if the PRODUCT price is collected, then such collection will be returned BUYER in 10 days following the cancellation. In the credit card payments, the sums will be returned to the credit card of BUYER.
ARTICLE 7 - RIGHT OF WITHDRAWAL
7.1. SELLER undertakes that BUYER has right to withdraw from the agreement without any legal or criminal liability and without any justification by refusing the product or services in seven days following the delivery of the product or agreement date and to receive back the product as of date SELLER or product supplier receives said withdrawal notification.
7.2. SELLER must receive written notification in such period to be able to exercise the right to withdraw. If withdrawal right is exercised, then original copy of invoice and the copy of cargo delivery note which verifies that product delivered to 3rd party or BUYER is returned to SELLER must be submitted to SELLER. In 10 days following the receipt of such documents, the PRODUCT price will be returned to BUYER. In the credit card payments, the sums will be returned to the credit card of BUYER.
7.3. If the original copy of the invoice is not returned, then VAT and other legal liabilities, if any, shall not returned pursuant to Tax legislation. The cargo cost of the product returned shall be paid by BUYER.
7.4. If the PRODUCT is produced as per special request and demands of BUYER or customized by making modifications or additions on it or unreturnable due to its nature, subject to fast deterioration or expiry of its best before date, then BUYER cannot exercise her right to withdraw.
ARTICLE 8 - PRODUCT EXEMPT FROM THE RIGHT OF WITHDRAWAL
8.1. The return of the products which is unreturnable due to its nature, disposable products, reproducible software and programs, subject to fast deterioration or expiry of its best before date shall not be accepted.
8.2. It is a precondition for returning following products that the product package is not opened, not deteriorated and product is not used and tried.
Any kind of cosmetic product - Underwear - any kind of personal care products - any kind of software and programs - DVD, VCD, CD and cassettes - computer and stationary consumable materials (toner, cartridge, strip etc.)
ARTICLE 9 - EVIDENCE AGREEMENT AND GOVERNING JURISDICTION
9.1. SELLER's records (including those stored in magnetic format such as computer-voice recordings) are conclusive evidence and Consumer Arbitration Committees are authorized up to product value as announced by Ministry of Industry and Commerce and for above values, Consumer Courts and Enforcement Offices which have a jurisdiction over the address of BUYER and SELLER are authorized in the resolution of any kind of dispute that may arise out of this Agreement and/or its enforcement;
9.2. BUYER agrees, represents and undertakes that he read all terms and conditions and descriptions written in this Agreement as well as in the order form, which is an integral part of this Agreement and received, reviewed and accepted all initial information about sales conditions and other conditions.