Distant Sales Agreement

 

1. PARTIES

This Distant Sales Agreement (“Agreement“) has been electronically signed between the Seller and the Buyer, whose information is given below. The parties acknowledge, declare and undertake that they have read the entire Agreement, fully understood its content and approved all provisions of this Agreement.

SELLER:

Seller’s Corporate Name: MIHRIBAN AKGUL TRADING CO LLC.
Seller’s Address: Unit 1003, Level 10 , IBN Batuta Gate Office, Jebel Ali First, DUBAI, UAE

Seller’s E-mail: info@themadlenstore.com

BUYER:
Buyer’s Name/Surname:
Buyer’s Address:
Buyer’s Phone:
Buyer’s E-mail:

 

2. ESTABLISHMENT OF THE AGREEMENT

• THE BUYER AGREES THAT HE/SHE HAS READ AND UNDERSTOOD THE AGREEMENT AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS HEREUNDER.
• THE PARTIES AGREE THAT THERE IS NO DISPROPORTION BETWEEN THE ACTS COVERED UNDER THIS AGREEMENT AND THE MUTUAL PERFORMANCES ARE SUITABLE FOR THE NATURE OF BUSINESS AND THEY HAVE NO INEXPERIENCE FOR THE PROCEDURES AND TRANSITIONS COVERED HEREBY.
• THE BUYER AGREES THAT HE/SHE IS AWARE THAT ALL TRANSACTIONS IN THIS AGREEMENT ARE FOR THE BENEFIT OF HIMSELF AND HE/SHE WILL ABIDE BY ALL TERMS IN HIS/HER OWN FREE WILL WITHOUT ANY DIFFICULTY OR CONSTRAINT.
• THE PARTIES AGREE THAT THE AGREEMENT DOES NOT HAVE ANY UNFAIR TERMS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF BENEFITS.
• THIS AGREEMENT DOES NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE TERMS OF THE REGULATIONS ON UNFAIR TERMS IN CONSUMER AGREEMENTS. THE PROVISIONS ARE NOT CONTRARY TO THE PRINCLIPLES OF GOOD FAITH AND THEY ARE IN COMPLIANCE WITH THE LAWS ON PROTECTION OF CONSUMERS.
• THE TERMS AND CONDITIONS OF THIS AGREEMENT WERE PREPARED BY TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDINGNESS AND CONTENT CONTROL PROPOSED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS WAS PERFORMED BY THE BUYER. THERE IS NO ALIENATION IN ANY OF THE TERMS HEREOF TO THE NATURE OF THIS AGREEMENT AND THE PARTICULARITY OF THE WORK (SURPRISING TERMS). THE TERMS OF THIS AGREEMENT WERE WRITTEN IN A CLEAR AND COMPREHENSIBLE MANNER AND ARE NOT AMBIGUOUS.

3. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this agreement is the determination of the rights and responsibilities of the parties in accordance with the provisions of Law On the Protection of the Consumer no. 6052 and Regulation for the Distant Sale Agreements, with regard to the sale and delivery of the good(s) qualification and price of which are given below which the Buyer has ordered electronically from the website themadlenstore.com (“Site”) owned by the Seller.

 

4. BASIC QUALIFICATIONS OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT

The basic qualifications, sales price, delivery and payment terms of the product subject to this Agreement are as follows:

 

Product Code and Name	Amount	Unit Price (VAT included)	Courier Fee	Discount / Coupon	Total Price (VAT included)
[…]	[…]	[…]	[…]	[…]	[…]

 

PAYMENT AND DELIVERY TERMS

Total product price excluding courier fee:

Courier fee:

Total product price including all taxes and courier fee:

Payment method:

Number of installments:

Received carrying charge:

Interest rate used in carrying charge:

Additional cost to be paid by the Buyer:

Delivery address:

Person to be delivered:

The total product price stated above is collected from the Buyer by MIHRIBAN AKGUL TRADING CO LLC

5.     DELIVERY

The good/goods covered under this Agreement will be delivered to the Buyer or the person/institution at the address designated by the Buyer within a period of 30 (thirty) days as of the receipt of the order by the Seller, for each good depending on the distance of the Buyer’s delivery address, provided that the delivery time will not exceed the legal time period of 30 (thirty) days.

For the avoidance of doubt, for the delivery of the product(s) subject to this Agreement, this Agreement and the Preliminary Information Form must be confirmed electronically by the Buyer and the price of the product(s) must be fully and completely paid through the Buyer’s preferred payment method. If, for any reason, the product price is not paid, is paid incompletely or the payment is cancelled in the bank records, the Seller is deemed to be free from the obligation to deliver the product.

In case the Seller fails to fulfill its contractual obligations due to the product or service subject to the order becoming impossible to fulfill, the Seller will inform the Buyer in writing or with a permanent data storage within 3 (three) days of the date of becoming aware and the Seller will refund all charged amount including the delivery costs within 14 (fourteen) days as from the notification at the latest.

6.     BUYER’S REPRESENTATIONS AND WARRANTIES

The Buyer accepts, declares and undertakes that the Buyer has read and been informed of the preliminary information on the Site uploaded by the Seller regarding the basic qualifications of the goods or services subject to the Agreement, the sales price and payment method, and the delivery and courier fees, that s/he has given the necessary confirmation electronically, and that s/he is aware of the fact that s/he is under the LIABILITY TO PAY simultaneously with the approval of the order on the Site.

With the confirmation of this Agreement and the Pre-Information Form electronically, the Buyer has confirmed that he has obtained the address, the basic qualifications of the ordered goods or service, the price of the goods or services including taxes, payment and delivery and delivery price information which are required to be given to the Buyer by the Seller before the conclusion of the distant sales agreement correctly and completely.

In case related bank or financial institution fails to pay the product or service price to the Seller after the delivery of the product due to use of Buyer’s credit card unlawfully or by unauthorized persons without Buyer’s fault, the Buyer must return the product or the services to Seller within 3 (three) days if the Buyer has already received the delivery. In this case the delivery costs shall be borne by the Buyer.

In case the products or services covered under this Agreement will be delivered to a person other than the Buyer himself/herself, the Seller will not be held responsible for such person’s rejection of the delivery.

7. SELLER’S REPRESENTATIONS AND WARRANTIES

The Seller is responsible for delivering the product(s) or services covered under this Agreement to the Buyer in accordance with the consumer legislation, undamaged, complete, having the qualifications defined in the order and if available, together with warranty certificate and user manuals.

As long as there is a reasonable explanation, Seller may supply another product with equal quality and price to the Buyer if Seller notifies and obtains Buyer’s express approval before the expiration of its contractual obligation.

8.     BUYER’S RIGHT OF WITHDRAWAL

The Buyer may exercise his right of withdrawal within 14 (fourteen) days from the date of receipt of the goods by the Buyer or the third party designated by the Buyer in the agreements regarding the delivery of the products, and within 14 (fourteen) days from the date of the agreement for the service performance, without undertaking any legal and criminal liability and

without any justification. The Buyer can also use his right of withdrawal within the period starting from the conclusion of the agreement until the delivery of the goods.

 

The Buyer can exercise his right of withdrawal by filling out the withdrawal form delivered to him/her with the order or by delivering an express statement stating the withdrawal decision to the Seller. The said form or the express withdrawal statement must be directed to the Seller in writing or with a permanent data provider before the expiry of the right of withdrawal. The contact information of the Seller where the withdrawal notification can be made is as follows:

 

Address: Etiler Mahallesi Dilhayat Sokak No:24 Beşiktaş/İstanbul-Turkey

E-mail: moe@lesbenjamins.com & dubai@lesbenjamins.com

 

Within 14 (fourteen) days from the date of receipt of the notification in respect of Buyer’s exercise of its right of withdrawal, the Seller shall refund the Buyer all payments made by the Buyer to the Seller in respect of the relevant goods or services, including the delivery costs, if any, in a lump in accordance with the payment instrument used during the purchase and without imposing any cost or liability to the consumer.

In the event that the Buyer exercises his right of withdrawal, the courier company specified by the Seller that will take the delivery of the product is UPS. In the event that the right of withdrawal is used, if the goods are returned through the courier company specified herein, the Buyer shall not be responsible for the costs related to the return. In the event that the Buyer sends the goods to be returned with a courier company other than Seller’s contracted courier company set forth hereunder, the Seller will not be responsible for the courier costs for the return and any damages suffered by the goods during the cargo process.

The Buyer is required to return the goods to the Seller within 10 (ten) days from the date of the notification in respect of his/her exercise of the withdrawal right. Along with the goods subject to the return, the invoice, box, package, standard accessories, if any, of the respective good and other products gifted due to the purchase of the said good must be returned to the Seller in full and without damage. The Buyer must use the goods in accordance with its operation, technical specifications and instructions for use within the withdrawal period, otherwise it will be responsible for any changes and deteriorations in the product.

 

9. CIRCUMSTANCES THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED

 

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:

 

1. 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,
2. Agreements related to the products which is prepared in accordance with the consumer’s needs or personal requests,
3. Agreements related to the delivery of goods that may deteriorate quickly or expire,
4. 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,
5. Agreements for goods that are mixed with other products after delivery and which cannot be separated due to their nature,
6. 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,
7. Agreements for the delivery of periodical publications such as newspapers and magazines, except those provided under the subscription agreement,
8. 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,
9. Agreements for services performed instantly in electronic environment or for intangible products delivered to consumers instantly,
10. Agreements for services which are executed with the approval of the consumer before the expiration of right of withdrawal period.

 

10. SELLER’S SOLUTION METHOD FOR COMPLAINTS

The Buyer may convey his complaints about the purchased goods and/or services to the Seller directly (using the contact addresses specified under the Seller’s Information heading above). If the complaint is submitted, the Seller will provide all possible support to resolve the issue.

 

11.     DEFAULT AND LEGAL CONSEQUENCES

In case the Buyer goes into default in the transactions made by credit card, the cardholder will be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies, and may demand the costs to be incurred and the attorney’s fee from the Buyer. If the Buyer goes into default, the Buyer will be responsible under all circumstances for any loss or damage suffered by the Seller.

12. INTELLECTUAL PROPERTY

The Buyer accepts and declares that all rights arising from the Law on Intellectual and Artistic Works of the special design techniques, texture, pattern, design, drawing, design elements (icon, button, etc.), styles, gradient and solid color tones and all kinds of graphic designs, illustrations, drawings, designs and works used in the designs of the products produced by the Seller and elements used in its design and all products offered for sale on the Site belong to the Seller.

Regarding all kinds of information and content on the Site and their arrangement, revision and partial/full use; except for those belonging to other third parties according to the Seller’s agreement; all intellectual and industrial rights and property rights belong to the Seller. All, part of the product/s purchased by the Buyer and/or any information, software or service obtained from the product may not be changed, copied, distributed, reproduced, published, subjected to derivative works, transferred or sold. The Buyer hereby accepts and undertakes that he will not use the purchased product for illegal purposes and/or in these prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the Buyer, and the Seller reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the Seller by third parties or competent authorities.

13.     DISPUTE RESOLUTION

In case of disputes related to the agreement, applications for disputes can be made to the Arbitration Committee for Consumer Problems where the Buyer purchased the product or where his/her official residence is located within the monetary limits defined by the Ministry of Customs and Trade every year, and to the Consumer Courts in respect of the disputes above the said value.

14. ENFORCEMENT

This Agreement has been signed and entered into force on the date of […] by being approved electronically by the Buyer. Transactions made through the Site are deemed as binding will statements in accordance with the Turkish Code of Obligations, consumer legislation and other legislation in force.

The text of this Agreement will be sent by e-mail to the e-mail address sent by the Seller immediately after its approval and will be stored by the Seller for 3 (three) years. The Buyer may request access to the copy of this Agreement from the Seller by applying with a request to info@themadlenstore.com e-mail address.

 

SELLER MIHRIBAN AKGUL TRADING CO LLC

BUYER […]

 

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