Distance Selling Contract – MIDYOL

Distance Selling Contract


Article 1 - Parties of the agreement

SELLER:

midyol.com

Address: Rüstem Pasa Mahallesi, Ismet Acar Cd. No: 51, 77200 Yalova Merkez/Yalova

Email: support@midyol.com

 

BUYER:

Name/Surname:

Address:

E-mail:

 

Article 2 - Subject of the agreement

The subject of this contract is the Law No. 6502 on Consumer Protection regarding the sale and delivery of the goods / services that the Buyer ordered electronically from the website www.midyol.com, which has the qualifications mentioned in the contract and whose sales price is specified in the contract. Moreover, the determination of the rights and obligations of the parties in accordance with the provisions of the Distance Contracts Regulation No. 29188. Preliminary information and invoice on the payment page of www.midyol.com are integral parts of this contract.

 

Article 3 – Date of the agreement

These two copies, which were previously signed by the seller, were signed and accepted by the buyer.

 

Article 4 - Delivery of Goods or Services, Execution of the Contract and Delivery Method

The goods / services will be delivered to the address where the buyer has requested delivery.

 

Article 5 - Delivery Costs and Performance

Delivery costs belong to the Buyer. If the seller declares on the website that the shopping fee above the announced amount will be met by him or that he will make free delivery within the campaign, the delivery cost belongs to the seller. Delivery; is made as soon as possible after the stock is available and the cost of the goods is transferred to the seller's account. The seller delivers the goods / service within 7- 15 days from the order of the goods / service and reserves the right to extend an additional 10 (ten) days with written notification during this time. If, for any reason, the price of the goods / services is not paid or canceled in the bank records, the seller is deemed free from the obligation to deliver the goods / service.

 

Article 6 - Payment Fee at the Door

Payment service at the door is a payment option provided by the cargo company. It has nothing to do with the seller.  This service fee belongs to the cargo company and cannot be returned in case of product return. The seller cannot be held responsible for this price.

 

Article 7 - Buyer's Representations and Commitments

The Buyer declares that he has read and obtained the necessary confirmation in the electronic environment by reading the preliminary information uploaded by the Seller regarding the basic qualities, sales price and form of payment, delivery and shipping cost of the Contractual Goods / Service on the website. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer is required to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered Goods / Services, the price of the Goods / Services, including taxes, payment and delivery confirms that it has acquired the delivery price information correctly and completely. Without the inspection of the Buyer before receiving the Goods / Service subject to the Contract; destroyed, broken, torn packaging etc. In the event that it receives the damaged and defective Goods / Services from the cargo company, it is entirely up to itself. The Goods / Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. After delivery, the responsibility of the Goods / Service and damages belong to the Buyer. In case the bank or financial institution does not pay the Goods / Services fee to the Seller due to the unfair or unlawful use of the credit card belonging to the Buyer after the delivery of the Goods / Service, not caused by the fault of the Buyer, to the Seller. It is obliged to return the Goods / Service to the Seller within 3 (three) days provided that it is provided. In this case, the delivery expenses belong to the Buyer.

 

Article 8 - Seller's Statements and Commitments

The seller is responsible for the delivery of the contractual goods / services in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the goods / service subject to the contract is to be delivered to another person / organization from the buyer, the seller cannot be held responsible for the person / organization not to accept the delivery. The seller shall return the price of the goods / services and, if any, valuable documents within 15 (fifteen) business days after the withdrawal declaration reaches him. For justified reasons, the seller can supply goods / services of equal quality and price to the buyer before the performance period in the contract has expired. If the seller thinks that the performance of the goods / services is impossible, the seller will notify the buyer before the execution of the contract. The amount paid and the documents, if any, are returned within 15 (fifteen) business days.

 

Article 9 - Characteristics of the Goods or Services Subject to the Contract

The type, quantity, brand / model, color of the goods / service and the sales price including all taxes are as stated in the invoice, which is considered an integral part of this contract.

 

Article 10 - Cash Price of the Goods or Services

The cash price of the goods / services is included in the invoice sent to the customer along with the sample invoice and the product at the end of the order.

 

Article 11 - Futures Price

Depending on the maturity of the sales price of the goods / services, the price is included in the invoice sent to the customer along with the sample invoice and the product at the end of the order.

 

Article 12 - Interest

Each year the interest rate set by the Government and the Republic of Turkey cannot be more than 30% of each state. The buyer is exclusively responsible for the bank he works for.

 

Article 13 - Payment Plan

If the buyer purchases by credit card and in installments, the installment format that he chooses from the site is valid. In the installment transactions, the relevant provisions of the contract signed between the buyer and the card holder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the buyer. The Buyer can also track the number of installments and payments from the bank statement sent by the bank. The Buyer is exclusively responsible to the bank.

 

Article 14 - Right of Withdrawal

The Buyer may return the purchased Goods / Services within 15 (fifteen) business days from the date of delivery, without taking any legal or criminal liability and without any justification.

 

If the right of withdrawal is used:

  1. a) The Buyer sends the Goods back to the Seller within 10 (ten) days of using the right of withdrawal.
  2. b) If there is a Goods box, packaging, and standard accessories, if any, to be returned within the scope of the right of withdrawal, the other products that are gifted together with the Goods must be returned in a complete and undamaged manner. When returning the Goods to the Seller, the original invoice submitted to the Buyer during the delivery of the Goods must also be returned by the Buyer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned.
  3. c) In 15 (fifteen) business days following the exercise of the right of withdrawal, the cost of the Goods shall be returned to the Buyer as the Buyer paid.

 

As long as the Buyer sends the Goods to be returned to the Seller with the contracted cargo company specified in the preliminary information form, the return shipping fee belongs to the Seller. If the Buyer sends the Goods to be returned, the Seller specified in the preliminary information form with a cargo company other than the contracted cargo company, the Seller is not responsible for the return shipping cost and the damage to be incurred in the cargo process. If the right of withdrawal is used until the delivery of the Goods after the order confirmation, the Buyer will be responsible for the return shipping cost.

In conditional campaigns, a refund is made by deducting the campaign discount in product money refund. If a refund check is requested, the entire amount can be converted to a refund check.

In the product returns of conditional campaigns such as 3 BUY 2 Pay, Second product discount, 1 Area 1 Free, the product price is deducted by deducting the total refund amount from the campaign price. If a refund check is requested, the entire amount can be converted into a refund check.

 

Article 15 - Cases where the Right of Withdrawal cannot be used:

The right of withdrawal cannot be used if:

  1. a) In contracts relating to goods or services whose price changes due to fluctuations in financial markets and which are not under the control of the seller,
  2. b) In contracts relating to the delivery of goods that are prepared in line with the wishes of the consumer or clearly his personal needs, which are not suitable for return in nature and are at risk of deterioration or may expire,
  3. c) From the goods whose protective elements such as packaging, tape, seal, package are opened after delivery; In contracts regarding the delivery of those whose return is not suitable for health and hygiene,
  4. d) In the contracts for goods that are mixed with other products after their delivery and cannot be separated by their nature,
  5. e) In contracts related to books, audio or video recordings, software programs and computer consumables provided in the material environment provided that the protective elements such as packaging, tape, seal, package are opened by the consumer,
  6. f) In contracts relating to the performance of services related to betting and lottery,
  7. g) Before the end of the right of withdrawal, in the contracts regarding the services started with the approval of the consumer,
  8. h) Contracts with Distances to the legal relationship between the Buyer and Seller in the contracts regarding the services executed in the electronic environment and the intangible goods delivered to the consumer instantly and if the Goods / Services subject to the contract are composed of the Types of Goods / Services excluded from the scope of application of the Distance Contracts Regulation. The right of withdrawal cannot be exercised because the provisions of the Regulation are not applicable.

 

Article 16 - Default Status and Legal Results

If the buyer fails in default in his transactions with his credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement that the bank has made with him. In this case, the bank may apply to legal means; the buyer can claim the costs and the attorney's fee arising from the buyer, and in any case, if the buyer falls into default due to the debt of the buyer, the buyer agrees to pay the losses and losses incurred due to the delayed performance of the debt.

 

Article 17 - Resolution of Disputes 

In the implementation of this Distance Sales Contract, the Consumer Arbitration Committees and the Consumer Courts in the place where the Buyer purchased the Goods or Services and where the residence is located is authorized up to the value declared by the Ministry of Industry and Trade. 68th Law of the Law No. 6502 on Consumer Protection. District / provincial consumer arbitration committees are authorized about the consumer demands in line with the lower and upper limits specified in paragraph 1 of the article.

 

Article 18 - Notifications and Evidence Agreement

Any correspondence between the Parties under this Agreement shall be made via e-mail, except for the compulsory cases listed in the legislation. In the case of disputes that may arise from this Agreement, the Purchaser shall establish binding, definitive and exclusive evidence with the official books and commercial records of the Seller and the electronic information and computer records kept in its database, in the sense of Article 193 of the Civil Procedure Law. accepts, declares and undertakes that it is qualified.

This Agreement, consisting of 18 (eighteen) articles, was read by the Parties and entered into force on the date of ../../20 .. by being approved by the Buyer electronically.