DISTANCE SALES AGREEMENT
ARTICLE 1. PARTIES
1.1 SELLER
Trade Name:
Mersi Giftware Industry and Trade Limited Company
Phone: 0533 485 46 34
E-Mail Address: bilgi@mersipirlanta.com
MERSIS Number: 0618090466500001
1.2 BUYER
Name and Surname:
Address:
Telephone:
Email address:
Hereafter referred to as "BUYER".
ARTICLE 2. SUBJECT
The subject of this agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER from the SELLER's website www.mersipirlanta.com ("Website"), and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
ARTICLE 3 - BASIC CHARACTERISTICS, SALES PRICE AND DELIVERY INFORMATION OF THE PRODUCT SUBJECT TO THE AGREEMENT
Product Names, Quantities, Sales Prices Including VAT, and Delivery Information are listed below.
ARTICLE 4 - GENERAL PROVISIONS
4.1 The BUYER declares that they have read and are aware of the preliminary information on the Website regarding the essential characteristics of the product, the sales price including all taxes, the payment method, delivery and the fact that the delivery costs will be borne by the BUYER unless otherwise stated, the delivery period, and the full commercial name, address, and contact information of the SELLER; that they have received accurate and complete information about the conditions for exercising the right of withdrawal; and that they have provided the necessary confirmation electronically.
The BUYER may submit requests and complaints using the communication channels specified above. The SELLER's customer service will respond to complaints and requests as soon as possible.
By confirming this contract electronically, the BUYER confirms that, prior to the conclusion of distance contracts, they have received accurate and complete information from the SELLER regarding the title, address, contact information, MERSİS number, essential characteristics of the ordered products, the sales price of the products including all taxes, payment and delivery information, the right of withdrawal, and the procedure and conditions for exercising the right of withdrawal.
4.2 The product subject to this contract will be delivered to the BUYER or the person/organization at the address indicated, within the period specified in the preliminary information on the Website, depending on the distance of the BUYER's place of residence for each product, provided that this period does not exceed 30 (thirty) days from the order date. The 30-day period does not apply to products manufactured and prepared according to the consumer's request or personal needs.
4.3 If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.
4.4 The SELLER cannot be held responsible for the inability to deliver the ordered product to the BUYER due to any problems the shipping company may encounter during the delivery process.
4.5 The SELLER is responsible for delivering the product in good condition, complete, and conforming to the specifications stated in the order.
4.6 In the event that there are errors in the product price, product description, product characteristics, etc., due to technical or material errors during the process of offering the product for sale on the Website, the SELLER has the right to cancel the order and refund the amounts collected to the BUYER in accordance with the relevant legislation.
4.7 Due to the handmade nature of the products offered on the www.mersipirlanta.com website and the variations in ring sizes ordered, there may be a difference of approximately ±10% in weight, length, width, etc. after production.
4.8 If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the BUYER in writing or via a durable data storage medium within three days of becoming aware of this situation and shall refund all payments received, including any delivery costs, within fourteen days of the notification date.
4.9 If it becomes impossible for the SELLER to fulfill the order and/or service at the end of the campaign period, the SELLER reserves the right to supply a different product of equal quality and price with the BUYER's approval in order to fulfill its contractual obligations.
4.10 If, after delivery of the product, the buyer's credit card, debit card, and/or other payment systems offered on the Website are used fraudulently or illegally by unauthorized persons due to no fault of the buyer, and the relevant bank or financial institution fails to pay the seller the product price, the buyer is obligated to return the product to the seller within 3 (three) days, provided that it has been delivered to the buyer. In this case, the shipping costs shall be borne by the buyer.
4.11 If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER has the right to cancel the order and terminate the contract. In the event of termination of the contract, the SELLER is obligated to refund all payments received, including any delivery costs, to the BUYER in full within 14 (fourteen) days of receiving the termination notice.
According to Article 16, paragraph 4 of the Regulation on Distance Contracts (Article 4.12) , in cases where the fulfillment of the order for the goods or services becomes impossible, the seller or provider is obliged to notify the consumer in writing or via a durable data storage medium within three days of learning of this situation and to refund all payments received, including any delivery costs, within fourteen days at the latest from the date of notification.
4.13 In cases where the BUYER exercises their right of withdrawal, or if the product ordered cannot be supplied for various reasons, or if a refund is decided upon by an arbitration committee, and the purchase was made by credit card in installments, the SELLER will pay the Bank the full amount in a single payment. The Bank will refund the BUYER in the same number of installments as the BUYER purchased the product. For bank transfer/EFT or cash on delivery options, refunds will be made by requesting the Consumer's bank account information and transferring the amount to the account specified by the Consumer (provided that the account is in the name of the person at the billing address or the user member).
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 (fourteen) days without giving any reason.
According to Article 15 of the Regulation on Distance Contracts, ring orders do not have a right of withdrawal (cancellation and return) due to the ring size being custom-made, subject to legal conditions. However, for orders of rings, necklaces, earrings, and bracelets placed exclusively at mersipirlanta.com, cancellations and returns are subject to a 10% deduction. However, there is no right of withdrawal for wedding bands with inscriptions.
The withdrawal period begins on the day the contract is concluded for contracts relating to the provision of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts relating to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods.
In the event that the right of withdrawal is exercised, the delivery costs for returns made with a carrier other than the one specified in this agreement shall be borne by the BUYER.
In determining the withdrawal period;
The delivery of the goods by the seller to the carrier is not considered delivery to the consumer.
In contracts where the delivery of goods and the provision of services are carried out together, the provisions regarding the right of withdrawal for the delivery of goods shall apply.
To exercise the right of withdrawal, notification must be given to the SELLER by telephone or email within 14 (fourteen) days, and the product must not fall within the scope of Article 15 titled "Exceptions to the Right of Withdrawal" of the Regulation on Distance Contracts published in the Official Gazette on 27.11.2014, and must be in a condition that allows the SELLER to resell it. If this right is exercised;
a) The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent to the SELLER within 10 (ten) days along with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) Products ordered must be returned to the SELLER within 14 (fourteen) days of receipt, complete and undamaged, including the box, packaging, certificates, any gift items and accessories, and gift certificates. If any of these materials are not sent, or if they are damaged, even if this is due to the shipping company, the cost of the damaged material will be deducted from the refund amount. The BUYER should contact the SELLER using the provided contact information to learn which procedure to follow for these returns.
The carrier specified under the right of withdrawal is Yurtiçi Kargo.
If the product(s) returned due to the right of withdrawal are sent by the BUYER via the contracted shipping company YURTİÇİ Kargo (if the contracted shipping company changes, the necessary notification will be made via the website), the delivery cost will be covered by the SELLER.
If the contracted shipping company does not have a branch in the BUYER's location, the BUYER may send the product(s) with another shipping company, with all costs borne by the SELLER. However, if the product(s) are sent via another shipping company even though the contracted shipping company has a branch, the delivery costs will be borne by the BUYER, and the SELLER is not obligated to accept delivery of the product(s) sent by the BUYER with payment on delivery.
If the BUYER sends the product(s) via another shipping company, the delivery cost will be borne by the BUYER, and the SELLER is not obligated to accept delivery of the product(s) sent in this manner with payment on delivery.
If the product(s) are not returned as described and with the accompanying documentation, the return process cannot be completed, and the product(s) will be returned to the BUYER in the same condition as they were sent to the SELLER, with the shipping costs borne by the BUYER. The SELLER will not be held liable in this case.
The product price will be refunded to the BUYER within 14 (fourteen) days following the receipt of the cancellation request by the SELLER.
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
a) Contracts relating to goods prepared according to the consumer's wishes or personal needs. Therefore, when a custom-made product is manufactured in a color different from the metal color offered on the website at the BUYER's request, or when special orders are placed for rings, necklaces, and bracelets outside the size range offered on the website, or when the ring size, necklace, bracelet length, and model are changed at the BUYER's request after delivery, these goods, which are specially produced according to the customer's specific requests, fall under the category of products for which the right of withdrawal cannot be exercised. According to Article 15 of the Regulation on Distance Contracts, in ring orders, since the ring size is prepared individually, there is no right of withdrawal (cancellation and return right) subject to legal conditions. However, for ring orders specific to mersipirlanta.com, cancellations and returns are processed with a 10% deduction. Nevertheless, there is no right of withdrawal for wedding rings with inscriptions.
(b) Contracts for goods or services whose price varies depending on fluctuations in financial markets and is beyond the control of the SELLER or supplier.
c) Contracts for the delivery of perishable goods or goods that may expire.
d) Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
(e) Contracts relating to goods which, after delivery, are mixed with other products and are by their nature impossible to separate.
f) Contracts relating to books, digital content, and computer consumables presented in a physical medium, if the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery of the goods.
g) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
h) Contracts relating to accommodation, goods transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation, to be performed on a specific date or during a specific period.
i) Contracts relating to movable property subject to mandatory registration under the Highway Traffic Law No. 2918 dated 13/10/1983, and unmanned aerial vehicles subject to registration or licensing requirements.
j) Contracts relating to services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period. Contracts concluded through auction in the form of live bidding.
k) Products delivered to an address outside the Turkish Customs Territory as a result of the buyer declaring an overseas delivery address are excluded from the return policy. Contracts relating to goods for which installation or assembly is specified in the instruction and user manual to be carried out by the seller or authorized service are also excluded.
ARTICLE 7 - SUBMISSION OF APPLICATIONS REGARDING DISPUTES
If the BUYER has any complaints regarding their order and/or the product ordered and/or any matter related to their order, they may submit their complaints to the SELLER via the contact information provided above. Submitted complaints will be recorded, evaluated by the relevant authorities, and an attempt will be made to resolve them, with a response provided as soon as possible. Furthermore, the BUYER may submit their complaints and objections to the consumer dispute arbitration board in the place where they purchased the goods or services or where they reside, within the monetary limits determined annually in December by the Turkish Ministry of Customs and Trade, or, in accordance with Article 73/A of the Law on Consumer Protection, to the consumer court, provided that mediation is sought before filing a lawsuit.
SALES PERSON:
Trade Name:
Mersi Giftware Industry and Trade Limited Company
Address: Bahçeli Evler Neighborhood, Hoca Ahmet Yesevi Boulevard, No: 7/2, Inner Door No: 16, Dulkadiroğlu/Kahramanmaraş
BUYER:
Address:
History: