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Distant Sales Agreement

DISTANT SALES AGREEMENT

 

Article 1 - Subject of the Agreement and the Parties      

1.1 This contract determines the rights, obligations and liabilities of the parties relating to sales and delivery of the products to the delivery address of the consumer in accordance with the provisions of Law on the Protection of the Consumer numbered 6502 and the Regulation on Distant Sales Agreement whose detailed information is given below from www.maisondemara.com which is operated by the Seller (the “Website”).

1.2. The Buyer as a consumer accepts and declares that he/she has the information about the basic qualifications, the sale price, the type of payment, the conditions of delivery and the right to “withdraw” regarding the goods or services subject to sale, that he/she confirmed the preliminary informing in electronic environment and the preliminary then ordered the goods or services in accordance with the provisions of this Agreement. The preliminary information form provided under the www.maisondemara.com website is integral part of this Agreement.


Article 2 – Information of the Seller

Seller’s Title: Maison De Mara Mobilya Ve Endüstriyel Tasarım Limited Şirketi

Seller’s Address: SEYRANTEPE MAHALLESİ CAN SOKAK NO:9/1 A KAĞITHANE/İSTANBUL

Seller Mersis Number: 0610120114700001

Seller’s e-mail Address: info@maisondemara.com

Customer Services Phone Number: +90 212 322 17 00


Article 3 – Information of the Buyer

Buyer’s Full Name/Title:

Buyer’s Address:

Buyer’s Phone:

Buyer’s e-mail Address:

 

Article 4 - Date of the Agreement

This agreement is executed by and between the parties on the date when the order of the Buyer is completed from the Website and a copy of the Agreement is sent to the e-mail address of the Buyer.

 

Article 5 - Products and Services Subject To the Agreement

The details of the products and services ordered by the Buyer, the sales amounts including the taxes and information about the number of products are listed below. All of the products listed in the following table are hereinafter referred to as the Product.

Product Code:

Product Description:

Unit Price Included with VAT:

Courier Fee:

 

Article 6 - Delivery Of Products

The Product, packed and together with the invoice, shall be delivered to the delivery address specified by the Buyer on the Websites or to the address of person / organization indicated by him / her within 30 days at latest. In the event that the fulfilling the act of the goods or services subject to the order becomes impossible, the Seller notifies the Buyer in writing or in the consumer data server within three days from the date of learning of this situation and returns all payments collected, including the delivery costs, if any, within 14 days at the latest. If the Product is to be delivered to another person / organization other than the Buyer, the Seller shall not be held liable if the person / organization to be delivered will not accept the delivery. The Buyer is responsible for examination the product at the time of delivery and when he/she determines a problem arising from the cargo in the Product, the Buyer shall be responsible from accepting the Product and getting the courier company officer take a statement on defects on the Product. Otherwise, the Seller shall not be liable.

 

Article 7 - General Provisions

7.1. The Buyer agrees that he/she read and is aware of the preliminary information regarding the basic qualifications, sales price and payment method and delivery of the Products which are shown in the Website have read and informed the basic qualifications, sales price and payment method and the preliminary information about the delivery and gave the necessary confirmation for the sale in the electronic environment.

7.2. By confirming this Agreement in electronic environment, the Buyer confirms that he/she has accurately and completely obtained the address, basic features of the Products ordered, Product prices including tax, payment and delivery information and information about the right of withdrawal.

7.3. The seller is responsible for delivering the Product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.

7.4. The Seller may supply a different Product at the same quality and price to the Buyer before the expiration of the contractual performance of the Seller.

7.5. If the Seller fails to fulfill the contractual obligations in the event that the fulfillment of the Product or service subject to the order becomes impossible, the Seller shall inform the Buyer before the expiry of the fulfillment obligation arising from the contract and supply a different Product with equal quality and price to the Buyer.

7.6. For the delivery of the Product subject to the Agreement, it is obligatory that the signed copy of this Agreement is delivered to the Seller in electronic environment and the price has been paid by the Buyer's preferred form of payment. If the Product price is not paid or canceled in the bank records for any reason, the Seller shall be deemed to have been released from the delivery of the Product.

7.7. In the event that the fulfillment of the acts of the goods or services performed in the order becomes impossible, the Seller notifies the Buyer in written or with permanent data storage within three days from the date of learning of this situation and all the payments collected, including the delivery costs, if any, shall be returned within 14 days at the latest starting from the date of notification. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.

 

Article 8 - Product Delivery Processes

8.1. The Product is delivered to the delivery address specified by the Buyer on the Website or to the person / organization at the address indicated by him / her within 30 days at the latest, in a secured way and packed together with its invoice. In the event that the fulfillment of the acts of the goods or services performed in the order becomes impossible, the Seller notifies the Buyer in written or with permanent data storage within three days from the date of learning of this situation and all the payments collected, including the delivery costs, if any, shall be returned within 14 days at the latest starting from the date of notification. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.

8.2. The Seller shall not be responsible if the product is to be delivered to another person / organization other than the Buyer, and if the person / organization does not accept the delivery.

8.3. The Buyer is responsible for examination the product at the time of delivery and when he/she determines a problem arising from the cargo in the Product, the Buyer shall be responsible from accepting the Product and getting the courier company officer take a statement on defects on the Product. Otherwise, the Seller shall not be liable.

 

Artcile 9 - The Right of Withdrawal

9.1. Pursuant to the relevant provisions of Law on the Protection of the Consumer numbered 6502 and the Regulation on Distant Sales Agreement;

In distant contracts about sales of goods, the Buyer has the right to withdraw within 14 days of receipt without showing any excuses and paying any penal clause. In this Agreement the Seller accepts to give 30 days to the Buyer to use his/her right to withdraw. However, the Buyer may use his right of withdrawal from the establishment of this Agreement until the delivery of the goods. It is sufficient to direct the notification of the exercise of the right of withdrawal to the seller or the provider in writing or through permanent data storage. In order for Buyer to use his/her right of withdrawal, they must fill in the turn in slip sent to them together with the product and submit the product to the courier company with the turn in slip.

In the determination of duration of the right of withdrawal;

  • For the products subject to a single order; the day when the last goods is delivered to the Buyer or to third party determined by the Buyer,
  • For the products consisting of more than one parts; the day when the last part is delivered to the Buyer or to third party determined by the Buyer,
  • For the contracts in which the goods is delivered regularly during a certain period; the day when the first goods is delivered to the Buyer or to third party determined by the Buyer,

is taken as basis.

9.2. The Buyer accepts, declares and undertakes that he is aware of the fact that he/she cannot use the right of withdrawal in the following cases:

  • Agreements for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or supplier,
  • Agreements related to the products which is prepared in accordance with the consumer’s needs or personal requests (This Distant Sales Agreement shall not be applied to the sales of furniture which are prepared in accordance with the consumer’s needs and/or personal requests)
  • Agreements related to the delivery of goods that may deteriorate quickly or expire,
  • Agreements for the delivery of products whose protective elements such as packaging, tape, seal, package have been opened after the delivery and their return is not suitable for health and hygiene,
  • Agreements for goods that are mixed with other products after delivery and which cannot be separated due to their nature,
  • Agreements related to books, digital content and computer consumables presented in tangible environment in case protective elements such as packaging, tape, seal, package are opened after delivery of the goods,
  • Agreements for the delivery of periodical publications such as newspapers and magazines, except those provided under the subscription agreement,
  • Agreements related to accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of leisure time for entertainment or recreation purposes, which must be carried out on a specific date or period,
  • Agreements for services performed instantly in electronic environment or for intangible products delivered to consumers instantly,
  • Agreements for services which are executed with the approval of the consumer before the expiration of right of withdrawal period.

9.3. In the event that the Buyer uses his/her right of withdrawal, the Seller or the provider is obliged to return the total amount received within 14 days from the date the withdrawal notification is delivered to him/her without any charge. The Buyer shall not be liable within the right of withdrawal for any changes or distortions in the goods if he/she uses the goods in accordance with its operation, technical specifications and usage instructions. The Buyer shall not have right to withdrawal on products prepared based on personal needs of the Buyer in accordance with article 15 and sub paragraph 1/b of the Regulation Distant Sales Agreements.

 

The information about the Seller to be notified about the withdrawal;
Seller’s Title: Maison De Mara Mobilya Ve Endüstriyel Tasarım Limited Şirketi

Seller’s Address: SEYRANTEPE MAHALLESİ CAN SOKAK NO:9/1 A KAĞITHANE/İSTANBUL

Seller Mersis Number: 0610120114700001

Seller’s e-mail Address: info@maisondemara.com

Customer Services Phone Number: +90 212 322 17 00

 

Article 10 - Evidence Agreement And Authorized Court
In the resolution of any dispute that may arise from this Agreement and / or its implementation, Seller records (including recordings in the magnetic environment such as computer-audio records) constitute conclusive evidence. Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade; and Consumer Courts and Directorates of Debt Collection located in residential region of the consumer and the seller are authorized for the values exceeding it. The Buyer declares, accepts and undertakes that he/she has read and examine all the conditions and explanations written in this Agreement and all other preliminary information.