ARTICLE 1 – PARTIES
SELLER: Mikado Teks. ve Deri San ve Tic. Ltd.Şti. Adresi; Gençtürk Cad. No:2 Laleli/İstanbul Tel:+90(212)5494891
ARTICLE 2 – SUBJECT MATTER OF THE CONTRACT
The subject matter of this contract is the determination of parties’ rights and obligations as per the Provisions of the Regulation on the Laws on the Protection of the Consumers No 4077 and Principles and Procedures on the Implementation of Distance Sales Contracts in relation to the sales and delivery of those goods/services ordered by the Buyer at www.maxcavalera.com.tr belonging to the Seller and those the qualifications and the sales prices of which are specified at the contract. The Buyer hereby agrees and undertakes that it is fully aware of all information regarding the contractual goods/services such as the basic qualities of goods / services, sales price, method of payment, delivery conditions, etc. and the right to withdrawal and it has confirmed this preliminary information on electronic media and has ordered goods/services. Upon ordering, the PURCHASER shall be deemed to have accepted all the terms of this contract.
ARTICLE 3 – DELIVERY OF GOODS / SERVICES, PLACE OF EXECUTION OF THE CONTRACT AND METHOD OF DELIVERY
The goods/services shall be delivered to ……………….. (person) at ……………………….. (address).
ARTICLE 4 – EXPENSES AND EXECUTION OF THE DELIVERY
Delivery expenses shall be borne by the Buyer. If the Seller declares that the delivery expenses of those shopping above a specific amount shall be borne by the Seller or free delivery shall be executed within the campaign, the delivery expenses shall be paid by the Seller. The delivery shall be carried out as soon as possible when the goods are available and the fee of the goods is in the account of the Seller. The Seller shall deliver the goods within 30 (thirty) days from the order of the goods/services and it reserves its right to extend this period for a further 10 days with a written notice. If, for any reason, the goods / service is not paid for or is canceled in the bank records, the seller is deemed to be free from the obligation to deliver the goods / service.
ARTICLE 5 – DECLARATIONS AND COMMITMENTS OF THE BUYER
The Buyer will inspect the contractual goods / service before receiving it; it shall not accept crushed, broken, damaged goods and services or those goods with torn packages etc. from the cargo company. The delivered goods / service shall be deemed to be undamaged and in a good shape. After the delivery, the goods / service must be carefully protected by the buyer. If the right of withdrawal is to be used, the goods / services should not be used. The invoice must be returned. In case the relevant bank or financial institution does not pay the fee of the goods/services to the Seller due to the unauthorized or unlawful use of the Buyer’s credit card after the delievery of the goods/services not resulting from a fault of the Seller, the Buyer is obligated to return the goods/services to the seller within 3 (three) days provided that the Buyer has received the goods/services. In this case, the delivery expenses shall be borne by the Buyer.
ARTICLE 6 – DECLARATIONS AND COMMITMENTS OF THE SELLER
The Seller is responsible for ensuring that the contractual goods / service are sound, complete, in accordance with the specifications specified in the order and delivered with warranty documents and manuals, if any. If the contractual goods / service to be delivered to another person / organization other than the Buyer, the Seller cannot be held responsible because the person / organization to be delivered does not accept delivery. The seller shall return the goods / service fee within 10 (ten) days after receipt of the withdrawal declaration along with, if any, negotiable documents. It shall accept the goods/services within 20 (twenty) days. The seller may supply, for justifiable reasons, the buyer with the same quality and price before the expiration of the contract. If the seller believes that the goods / service delivery has been rendered impossible, it shall notify the buyer before the term of the contract expires. The paid fee and documents, if any, shall be returned within 10 (ten) days. The guaranteed goods / services which are defective or damaged may be sent to the Seller for the necessary repairs within the guarantee conditions, in which case the delivery expenses shall be covered by the Seller.
ARTICLE 7 – QUALIFICATIONS OF THE CONTRACTUAL GOODS/SERVICES
The type, amount, brand/model, color, all taxes and sales price of the goods/services shall be as declared on the promotion page for the goods and services at www.maxcavalera.com.tr and invoice deemed to be an integral part of this contract.
ARTICLE 9 – CASH PRICE OF THE GOODS/SERVICES
The cash price of the goods / service is included in the invoice sent to the client along with the product.
ARTICLE 10 – FORWARD PRICE
The forward price of the goods/services is included in the invoice sent to the client along with the product.
ARTICLE 11 – INTEREST
It cannot be more than the interest rate determined by the Government of the Republic of Turkey annually and more than 30% in any way. Buyer is responsible towards the bank which s/he collaborates with.
ARTICLE 12 – DOWN PAYMENT AMOUNT
The down payment amount of the goods/services is included in the invoice sent to the client along with the product.
ARTICLE 13 – PAYMENT PLAN
In case the Buyer chooses a payment method in installment with its credit card, such installment plan chosen at the website shall be valid. In installments, the relevant provisions of the contract signed between the buyer and the bank shall apply. The date of payment of the credit card is determined by the terms of the contract between the bank and the Buyer. The Buyer may also follow the number of installments and payments from the bank statement.
ARTICLE 14 – RIGHT OF WITHDRAWAL
Buyer may use the right of withdrawal within 7 (seven) days from the delivery of the contractual goods / services to itself or to the person / organization indicated in the contract. For the use of the right of the withdrawal, a notification must be via e-mail or telephone to the customer services of the Seller and the goods and services must not be used as per the preliminary information which constitutes an integral part of this Contract under the provisions of the 15th article and issued at www.turhankitabevi.com.tr. If this right is used, the invoice for the goods or services delivered to the 3rd person or buyer is essential to be returned. The goods / service fee shall be returned to the buyer within 7 days of receipt of the notice of withdrawal and the goods / service shall be received within 20 (twenty) days. If the original invoice is not sent, the buyer cannot be refunded the VAT and other legal obligations, if any. The delivery expenses of the goods / services returned due to the withdrawal shall be borne by the Seller.
ARTICLE 15 – CASES WHERE THE RIGHT TO WITHDRAWAL MAY NOT BE USED
The goods and services that may not be returned are Goods / services that are rapidly damaged and expired, disposable goods / services, hygienic goods / services, all kinds of copyable software and programs. However, in order for the right to withdrawal to be used, the packages of the all kinds of software and programs, various media (DVD, CD etc.), computer and stationery consumables (toner, cartridge, tape etc.) and cosmetic materials must be closed, undamaged and unused.
ARTICLE16 – DEFAULT AND LEGAL CONSEQUENCES
In case the Buyer is in default in its transactions carried out with credit card, the card holder shall pay interest within the framework of the credit card contract concluded between the card holder and the bank and it shall be responsible against the bank. In this case, the bank may apply for legal remedies and it may demand the resulting debts and attorney fees from the buyer. In case the Buyer is in default due to its debt, the Buyer hereby agrees to pay the damage incurred by the Seller as a result of the delayed payment.
ARTICLE 17 – AUTHORIZED COURT
In the disputes that may arise from this agreement, the Consumer Arbitration Committees shall be authorized up to a value declared by the Ministry of Industry and Commerce and the Consumer Courts shall be authorized up to a value above the declared amount and in case where there are no such courts, the Court of First Instance shall be authorized.