ARTICLE 1 - Contracting Parties

SELLER

Trade Name:

Address:

Phone:

Seller MERSIS No:

Seller E-Mail Address:

Courier Company to be Used by the Buyer in Case of Return:

 

 

BUYER
Name-Surname :
Address :
Phone :
E-Mail :

ARTICLE 2 - SUBJECT AND SCOPE OF THE CONTRACT

This Distance Sales Agreement ("Agreement") is prepared in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The parties to this Agreement declare and acknowledge that they are aware of and understand their obligations and responsibilities arising from the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The subject of this Agreement is the sale and delivery of the Goods/Service owned by the Seller, which the Buyer electronically orders for purchase from the website [www.marpanya.com], which belongs to www.marpanya.com. This Agreement constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the Goods/Service with the specified qualities. The conclusion of this Agreement will not prevent the performance of the provisions of the individual membership agreements concluded separately by the parties with "marpanya," and the parties acknowledge and declare that "marpanya" is not a party in any way to the sale of the Goods/Service subject to this Agreement and does not have any responsibility or commitment regarding the fulfillment of the obligations of the parties under the Agreement.

ARTICLE 3 – BASIC CHARACTERISTICS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE CONTRACT (INCLUDING VAT)

Product Code and Name	Peice	Seller Title	Unit Price	Unit Discount	Coupon	Gift Points	Total Sales Amount	Interest Rate	Total Amount Including VAT
Shipping - Domestic - Free Shipping

The announced prices and promises are valid until updated and changed. Prices announced for a specific period are valid until the end of the specified period.

Total Product Price excluding Shipping:
Shipping Fee:
Total Amount Including Shipping:
Payment Method and Plan:
Accrued Interest:
Interest Rate Used in the Accrued Interest Calculation:

 

Delivery Terms :

Delivery Address :
Recipient(s) to be Delivered:

ARTICLE 4 - DELIVERY OF GOODS AND METHOD OF DELIVERY

The Agreement comes into effect by the Buyer's approval in electronic form and is deemed to be fulfilled upon the delivery of the Goods/Service purchased by the Buyer from the Seller to the Buyer. The Goods/Service will be delivered to the address specified by the Buyer in the order form and in this Agreement, to the authorized person(s) specified.

ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE

Unless otherwise stipulated, the delivery costs of the goods shall be borne by the Buyer. If the Seller declares on the website that the delivery fee will be covered by the Seller, the delivery costs will be borne by the Seller. The delivery of the goods is made after the payment is completed within the promised period if the Seller's stock is available. The Seller delivers the Goods/Service within 30 (thirty) days from the date of ordering, except in cases where the performance of the Goods/Service becomes impossible, provided that the Seller's obligation to deliver the Goods/Service is exempted. If the price of the Goods/Service is not paid by the Buyer for any reason or the payment made is canceled in the bank records, the Seller is considered relieved of the obligation to deliver the Goods/Service.

In the event of order cancellations by the Buyer after the Goods have been shipped by the Seller but before being received by the Buyer, the shipping cost is the responsibility of the Buyer.

 

ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE BUYER

The Buyer declares that they have read the essential qualifications of the Goods/Service subject to the Contract, the sales price, payment method, and preliminary information uploaded by the Seller regarding delivery and shipping costs on the website, and that they are informed and have provided the necessary confirmation in electronic form. Buyers, as Consumers, can submit their requests and complaints to the Seller through the contact information provided above or through the channels provided by the website. By confirming this Agreement and the Preliminary Information Form in electronic form, the Buyer confirms that they have correctly and completely obtained the information about the address that should be given to the Buyer before the conclusion of the distance contracts, the basic features of the Goods/Service ordered, the price of the Goods/Service including taxes, payment, and delivery, and the delivery price. In the event that the Buyer receives damaged or defective Goods/Service, such as damaged, broken, torn packaging, etc., without inspecting it before receiving it from the shipping company, the responsibility is entirely theirs. The Goods/Service received from the shipping company by the Buyer will be deemed undamaged and sound. After delivery, the responsibility and damages of the Goods/Service belong to the Buyer. In the event that the relevant bank or financial institution does not pay the price of the Goods/Service to the Seller due to the unauthorized use of the Buyer's credit card by unauthorized persons, not caused by the Buyer's fault, the Buyer is obliged to return the Goods/Service to the Seller within 3 (three) days, provided that it has been delivered to them. In this case, the delivery costs are borne by the Buyer.

ARTICLE 7 - DECLARATIONS AND COMMITMENTS OF THE SELLER

The Seller is responsible for delivering the Goods/Service subject to the Contract to the Buyer in accordance with Consumer Legislation, intact, complete, in conformity with the specified qualifications in the order, and, if any, with warranty certificates and user manuals. If the Seller cannot deliver the Goods/Service within the specified period due to force majeure or extraordinary circumstances preventing transportation, the Seller is obliged to notify the Buyer within 3 (three) days from the date they learn about the situation. If the Goods/Service subject to the contract will be delivered to another person other than the Buyer, the Seller cannot be held responsible for the refusal of the person to be delivered to accept the delivery.

ARTICLE 8 - RIGHT OF WITHDRAWAL

The Buyer, without undertaking any legal or criminal liability and without stating any reason, can return the purchased Goods/Service within 14 (fourteen) days from the delivery date using the right of withdrawal. The notice of the right of withdrawal and other notifications related to the Contract will be sent to the Seller through the communication channels specified by the Seller and/or on the Website. To exercise the right of withdrawal, it is a condition to make a notification to the Seller within the legal period in accordance with the legal provisions and the withdrawal option on the Website. In case of the exercise of the right of withdrawal:

a) The  Buyer returns the Goods to the Seller within 10 (ten) days from the exercise of the right of withdrawal.

 

b) In the scope of the right of withdrawal, the box of the Goods, packaging, if any, standard accessories, and other products given as gifts together with the Goods, if any, must be returned intact and undamaged.

Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Goods is refunded to the Buyer in the same way that the Buyer paid. When returning the Goods to the Seller, the original invoice presented to the Buyer during the delivery of the Goods must also be returned by the Buyer.

If the Buyer sends back the Goods to the Seller with the cargo company specified in the pre-informing form, the return shipping cost is covered by the Seller. If the Buyer sends back the Goods with a cargo company other than the one specified in the pre-informing form, the return shipping cost and any damage that the Goods may incur during the shipping process are not the responsibility of the Seller.

 

 

ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

The right of withdrawal cannot be exercised in the following cases:

a) Contracts related to goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller (Products in the jewelry, gold, and silver categories),

b) Contracts for the delivery of goods that are prepared according to the consumer's requests or explicitly for their personal needs, which are not suitable for return due to their nature and are perishable or have a risk of expiration,

 

c) Contracts for the delivery of goods where protective elements such as packaging, tape, seal, package have been opened after delivery, and the return of which is not suitable for health and hygiene;

d) Contracts for goods that have mixed with other products after delivery and cannot be separated due to their nature,

e) Contracts for books, audio or visual recordings presented in the material environment, software programs, and computer consumables, provided that the consumer has opened the protective elements such as packaging, tape, seal, package,

 

f) Contracts for the delivery of periodicals such as newspapers and magazines, except for those provided within the scope of the subscription agreement,

g) Contracts for services related to accommodation, goods transportation, car rental, food and beverage supply, and entertainment or leisure made for the purpose of evaluating leisure time,

h) Contracts for services related to betting and lotteries,

i) Contracts for services for which performance has started with the consumer's consent before the end of the right of withdrawal period,

 

 

j) Contracts for services performed instantly in electronic form and contracts for non-material goods delivered to the consumer instantly,

k) Contracts for types of goods/services outside the scope of the Distance Contracts Regulation, consisting of (goods delivered to the consumer's residence with the seller's regular deliveries such as food items, beverages, or other daily consumables, and services in sectors such as travel, accommodation, restaurant business, entertainment industry) in cases where the legal relationship between the Buyer and the Seller cannot be subject to the provisions of the Distance Contracts Regulation, the right of withdrawal cannot be used. The cancellation and return conditions of such Goods/Services offered for sale in the holiday category are subject to the Seller's practices and rules.

 

ARTICLE 10 - RESOLUTION OF DISPUTES

For the implementation of this Distance Sales Agreement, the Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchases the Goods or Services and resides, up to the value declared by the Ministry of Customs and Trade, are authorized. In accordance with the lower and upper limits specified in the first paragraph of Article 68 of the Consumer Protection Law No. 6502, district/provincial consumer arbitration committees are authorized regarding consumer demands.

ARTICLE 11 - PRICE OF THE GOODS/SERVICES

The cash or deferred sales price of the Goods, stated in the order form, is also present in the order confirmation email sent at the end of the order and in the invoice sent to the customer along with the product. Discounts, coupons, shipping fees, and other practices made by the Seller or "marpanya" are reflected in the sales price.

ARTICLE 12 - DEFAULT AND LEGAL CONSEQUENCES

If the Buyer defaults in transactions made with a credit card, the cardholder bank may charge interest within the framework of the credit card agreement made with the bank and the Buyer will be liable to the bank. In this case, the relevant bank may resort to legal remedies, demand the expenses incurred and attorney's fees from the Buyer, and in any case, the Buyer will be responsible for the damages suffered by the Seller due to the delayed performance of the Buyer's debt.

ARTICLE 13 - NOTIFICATIONS and EVIDENCE AGREEMENT

All kinds of correspondence between the Parties under this Agreement will be made via e-mail, except for the mandatory cases specified in the legislation. The Buyer acknowledges, declares, and undertakes that in case of any disputes arising from this Agreement, the official books and commercial records of the Seller and "marpanya," as well as the electronic information and computer records kept in their databases and servers, will be binding, conclusive, and exclusive evidence, and that this article constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

ARTICLE 14 - EFFECTIVENESS

This 14-article Agreement has been read and accepted by the Parties, and it has entered into force as of 04/07/2017 by being approved electronically by the Buyer.

SELLER BUYER