Distance Sales Contract

DISTANCE SALES CONTRACT

  1. PARTIES

1.1.         This Distance Sales Contract (“Contract”) has been concluded electronically as per the Regulation on Distance Contracts promulgated in the Official Gazette dated 27.11.2014 and no. 29188 between the person purchasing the product (‘’Consumer’’) from the website (‘’Website’’) belonging to Mara Gulersen (‘’Seller’’) located in Gokturk Mah. Kemerboyu No: 26 Eyup/Istanbul. 

   The Seller and the Consumer will be referred to severally as the “Party” and jointly as the “Parties”. 

 

1.2.           By purchasing a product from the Seller, the Consumer accepts, declares and undertakes that he/she has read the whole Contract, fully understood its content and approved all its provisions, and that all information to be submitted to the Seller during the conclusion and performance of this Contract will be full, accurate and complete. 

 

  1. SUBJECT

 The subject of this Contract is to determine the rights and obligations of the Parties as per the Law on the Protection of the Consumer No. 6502, the relevant regulation and other relevant legal provisions regarding the sale of products ordered by the Consumer online through the Website.

  1. INFORMATION ABOUT THE SELLER
  • Name-Surname: Mara Gulersen
  • Address: Gokturk Mah. Kemerboyu No: 26 Eyup/Istanbul
  • Phone: +90 532 323 63 60 
  • E-mail: info@maragulersen.com
  1. BASIC INFORMATION ON THE CONTRACT PRODUCT, PRICE, PAYMENT AND DELIVERY
  • Basic Information About the Product: [____]
  • Total Price of the Product Including Taxes: [____]
  • Delivery: The costs related to the delivery of the product belong to the Consumer, unless it’s stated on the Website that the delivery costs for a particular product belong to the Seller. The delivery of the product is made to the address specified by the Consumer within the delivery period stimulated by the Seller regarding the relevant product on the Website, provided that the product is available in the Seller’s stocks and the payment has been made by the Consumer. In any case, the seller will deliver the product within a maximum of 30 (thirty) days as of the order date.
  • Freight forwarder to be used for the return: In case the product will be returned due to the consumer’s exercise of the right of withdrawal, the consumer will return the product through the freight forwarder named [____] for return. If the consumer wishes to return the product through a forwarder other than this, the costs of transportation will be at his/her own expense.
  • Payment Method: Credit Card or Money Order
  1. RIGHT OF WITHDRAWAL

In accordance with the relevant provisions of the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts;

 

The consumer has the right to withdraw from the Contract within 14 (fourteen) days starting from the day of receipt of the product personally or by the third party determined by her/him, without giving any reason and without paying any penalty. The right of withdrawal period starts on the day when the Consumer or the third party determined by the Consumer in the contracts for the delivery of goods receives the product. The consumer may also use the right of withdrawal within the period starting from the conclusion of the contract until the delivery of the goods. It’ll be sufficient that the notification regarding the exercise of the right of withdrawal is sent to the Seller in writing or with a permanent data storage device within this period. In order to exercise the right of withdrawal, the consumer must fill in the form attached to this Contract and send it to the Seller’s [____] address via e-mail.     

 

Unless the Seller makes an offer to take the goods back on its own, the Consumer is obliged to return the goods to the Seller or the relevant person authorized within 10 (ten) days as of the date of the notification regarding the use of this right of withdrawal. Otherwise, the Consumer waives his/her right of withdrawal.

 The consumer’s right of withdrawal doesn’t apply to the goods prepared in line with the consumer’s requests or personal needs. In this sense, the right of withdrawal cannot be exercised for the products produced and delivered by Mara Gulersen upon your personal requests, instead of the ready-made products displayed on the Website.

 

Considering the above-mentioned exceptional circumstances, in case the Consumer has and exercises his/her right of withdrawal, the Seller is obliged to return the total amount received within 14 (fourteen) days at the latest from the date on which the notification of withdrawal is received, as well as any valuable papers and similar documents that put the Consumer under debt, without incurring any expense to the Consumer.

 

  1. REPRESENTATIONS AND WARRANTIES OF THE PARTIES

6.1               The consumer declares that he/she has read all the preliminary information regarding the basic information/characteristics, sales price and payment method and delivery of the product subject to the Contract specified in Article 5, and has given the required confirmation in electronic environment.

 

6.2               For the delivery of the contract product, this Contract must be confirmed electronically and the price of the order subject to the contract must be paid. In case, for any reason, the product price is not paid or cancelled in the bank records, the Seller is deemed to have been released from the obligation of the delivery of the product.

 

6.3               In cases where the delivery of the product subject to the order becomes impossible, the Seller is obliged to notify the Consumer within 3 (three) days as of the date of learning about the situation in writing or with a permanent data storage. In this case, the Seller refunds all collected payments, including delivery costs, to the Consumer within 14 (fourteen) days at the latest following the notification date.

 

6.4               The Seller is responsible for any losses and damages that occur until the delivery of the product to the Consumer or a third party determined by the Consumer other than the forwarder. 

 

6.5               In case the Consumer requests the goods to be sent with a forwarder other than the one determined by the Seller, the Seller is not responsible for any loss or damage that may occur following the delivery of the goods to the relevant forwarder.

 

  1. PERSONAL DATA

The Consumer has to share some personal data with the Seller within the scope of this Contract. In this sense, the Seller collects, uses, transfers and processes the personal data provided by the Consumer within the scope of the Clarification Text on the Website. The Clarification Text is an integral part of this Contract.             

 

  1. RESOLUTION OF DISPUTES

All kinds of complaints, objections and disputes arising from this Contract can be directed to the Consumer Arbitration Committee or the Consumer Court in the place of residence of the Consumer or in the place where the contract service is performed, as per the monetary limits determined by the Ministry of Customs and Trade in December every year.

 

This Contract has entered into force on the date of confirmation by the Consumer in electronic environment through the Website.

APPENDIX – WITHDRAWAL FORM

(This form will be filled and sent to the Seller via e-mail or post only when the right to withdraw from the Contract is exercised)

Name-Surname: Mara Gulersen

Address: Gokturk Mah. Kemerboyu No: 26 Eyup/Istanbul

Phone: +90 532 323 63 60  

E-mail: info@maragulersen.com

 

I hereby declare that I have exercised my right of withdrawal from the Contract on the sale of the following goods.

 

-Order date or delivery date:

– Goods or services subject to the right of withdrawal:

– The cost of the goods or services subject to the right of withdrawal:

-Consumer’s name and surname:

-Consumer’s address:

-Consumer’s signature: (Only if sent on paper) 

-Date:

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