Terms of Service
DISTANCE SALES CONTRACT
This Contract has been signed between the Parties within the framework of the terms and conditions specified below.
A.BUYER’; (hereinafter referred to as “the BUYER”)
B.SELLER’ ; (hereinafter referred to as “the SELLER”)
NAME-SURNAME: As specified in the invoice
ADDRESS: Billing address
By accepting this agreement, the BUYER hereby acknowledges and accepts to have been informed that, upon confirmation the order, she/he shall be under the obligation to pay the price of the product and additional costs such as shipping costs, if any, and taxes.
In the application and interpretation of this contract, the following words and phrases shall have the meanings assigned to them under this Article.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Regulation on Distance Contracts (OG: 27.11.2014 / 29188)
SERVICE: The subject of any kind of consumer service, other than providing goods, that are made or committed to be made in return for a fee or benefit,
SELLER: The company that offers goods or services to customers or act in the name or account of the vendor within the scope of its commercial or professional activities,
BUYER: A natural or legal person who acquires, uses or benefits from a product or service for non-commercial or non-professional purposes,
WEBSITE: SELLER’s website,
BUYER: Natural or legal person who purchases a product or service over the website of SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract signed between the SELLER and the BUYER,
GOODS: Means all movable goods subject to the purchase or intangible assets for electronic use such as software, sound, image and such.
ARTICLE 3- SUBJECT OF THE CONTRACT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the the provisions of the Act on the Protection of the Consumers and the Regulation on Distance Sales Contracts as regards the sale and delivery of the goods/services which the BUYER has ordered electronically over the SELLER’s web site named http://www.mialourin.com, the features and sale prices of which are stated below in this Contract.
The prices listed and announced on the WEBSITE are the contractual prices, and shall be valid until a further update or revision in the prices. The prices set and announced for a limited period (campaign, discount, etc.) are valid until the end of the determined period. The SELLER shall not be responsible for the price update errors that may arise due to technical reasons.
ThePreliminary information on the Website http://www. .mialourin.com and the Invoice are integral parts of this Contract.Pursuant to the provisions of this contract, the BUYER hereby undertakes that he/she read the Preliminary Information about the right of withdrawal and the basic qualifications of the product, sale price, payment method and delivery conditions as stated on the Website, and acknowledges and accept that he/she has placed the order upon confirmation of the information electronically. The BUYER shall be deemed to have accepted all the terms of this contract at the time of the order.
The parties to this Contract hereby declare and acknowledge that they know and understand the obligations and responsibilities arising from the Law No. 6502 on Consumer Protection and the Regulation on Distance Sales Contracts.
ARTICLE 4- PRODUCTS SUBJECT TO THE CONTRACT
Basic product specifications such as thetype, quantity,color,size are displayed on the SELLER’s WEBSITE. The prices listed and announced on the Website are the contractual prices and shall be valid until the next update or revision of prices. In the event that the SELLER organizes a campaign for any product or product groups, the campaign prices or other conditions, if any, shall be valid until the end of the campaign.
All costs including shipping, taxes, duties and charges in domestic sales shall be paid by the SELLER, and all costs incurring in abroad sales shall be paid by the BUYER.
The sales price including all taxes related to the products included in the Contract are given below.
Product Description ⇥ Quantity ⇥Unit Price⇥Subtotal
Terms of Payment:
Date of Order
Date of Delivery
ARTICLE 5- PRICE AND PAYMENT
Payments shall be made via credit cards and debit cards by using the payment methods included in the SELLER’s website and applications in the event that the BUYER proceeds with the order.
The credit card information of which the BUYER makes the purchase must be entered in full and accurately. All taxes are included in the product prices. Credit card payments can be made as a full payment or in installments, the incurring interest of which shall be borne by the BUYER.
The BUYER accepts, declares and undertakes the interest rates, the default interest and the refund policy of the bank such as repayment processes and applications, which belongs to the credit card used in the purchase.
ARTICLE 6- PRODUCT DELIVERY
This contract shall be entered into force upon confirmation of the BUYER electronically and fulfilled upon the SELLER’s delivery of goods to the BUYER. . Delivery of any contract item shall take place at the address specified by the BUYER to the person who is present at the time of delivery via the contracted cargo company/cargo companies and deemed to have been fulfilled in full and complete by the SELLER. Any incurring expenses due to delayed receipt of the product by the BUYER shall be borne by the BUYER.
Delivery expenses of goods shall be at the SELLER’s cost and expense, unless otherwise stated. If the Seller declares that the delivery expenses shall not be borne by the Seller on his Web site, the BUYER shall be liable for any and all charges in respect of delivery. However, in the event of cancellation, return or exchange of the product, the delivery expenses and other incurring charges shall be borne by the BUYER.
The Product shall be delivered to the BUYER, in the event that the Seller’s stock is available, within the agreed period of time after the payment is completed by the BUYER. Without prejudice to the situations where it is impossible to fulfill the delivery of the product of the relevant order and other force majeures by the SELLER, the product shall be delivered to the BUYER’s address and the recipient specified in the purchase order and this Contract within 30 (thirty) days of the receipt of purchase order.
Any product ordered on mialourin.com can be exchanged within 14 days of delivery without giving any reason. The product to be exchanged must be completely unused or in undamaged condition.
You can send an e-mail to info@.mialourin.com to inform us about the product you would like to exchange and which you product you would like to exchange it with.
It is necessary to fill in the Exchange Form and specify the model and color of the product which is wished to be exchanged, enclosed with the original invoice.
Product exchange proceeds after the SELLER’s approval for exchange of the product. In case of a price difference between the exchanged and returned product, such price difference shall be borne by the BUYER. In case the product is not in stock, the amount will be credited to the account of the BUYER by the same payment method as described in the refund policy.
ARTICLE 7-DECLARATIONS AND COMMITMENTS OF THE BUYER
The BUYER hereby agrees and undertakes that he/she has read the sales contract, preliminary information about the properties of the product, sale price, payment method, delivery conditions, and other terms included in the contract on the WEBSITE of the SELLER, and that he/she has read and acquired the information completely and correctly.
The BUYER shall be entitled to inspect the contractual goods upon delivery by the cargo company, and reject the delivery attempt and ensure that the Courier files in necessary reports in the event of any damages incurring during delivery or defect in the product. The SELLER shall not be held responsible in the event that the BUYER takes delivery of the goods delivered by the Courier without checking through the items. The BUYER shall be deemed to have accepted any tear, defect in the product or any damage incurring during the delivery process. The BUYER shall be responsible for all damages/defects in the product or the packaging upon the delivery of the product.
The BUYER hereby accepts, declares and undertakes that the requested personal and other information submitted on the website is accurate and correct, otherwise he/she shall immediately compensate for any damages incurring due to the relevant faulty information upon the first notification of the SELLER.
The BUYER accepts, declares and undertakes to comply with and not violate the legal obligations of the SELLER regarding the use of the website. Otherwise, the BUYER shall be responsible for all legal and penal obligations arising.
The SELLER will not engage in any unlawful and immoral activities, actions and behaviors which violate the public order and the physical and moral rights of others in which can prevent others from using the services.
The BUYER hereby agrees, accepts and undertakes that he/she confirms this Contract electronically in regard to the delivery of the product subject to this Contract and that the obligation of the SELLER in regard to the delivery of the product(s) shall be terminated in the event the BUYER fails to pay the price of the products or the cancellation of such payment by the Bank.
ARTICLE 8- DECLARATIONS AND COMMITMENTS OF THE SELLER
The SELLER shall be entitled to deliver the product subject to the Contract in intact and complete condition enclosed with the relevant documents such as the instructions for use , if any. The SELLER is entitled to notify the BUYER within 3 (three) days from the date of realization if the BUYER fails to deliver the product due to impossibility of delivery or other force majeures within the delivery period, and return all payments collected to the BUYER, including the delivery costs within 14 (fourteen) days.
The SELLER has the right to send e-mails, SMS, MMS, make phone calls etc. and use other means of communication to reach the BUYER via the e-mail address, mobile phone and other contact information submitted on the registration form with the purpose of communication, marketing, campaigns, notification and other purposes. The BUYER, by confirming this contract, hereby accepts and declares that SELLER may engage in the above-mentioned communication activities.
The SELLER may provide a different product of equal quality and price upon informing and getting explicit consent of the BUYER, within the expiry of the contractual lead time.
ARTICLE 9- RIGHT OF WITHDRAWAL
The Customer may return the purchased product without having to provide a reason and without any penalty within 14 (fourteen) working days from the date of receipt of the product. For the use of the right of withdrawal, the SELLER must be notified by e-mail within the same period of time in accordance with the terms in the Regulations.
If the BUYER wishes to use the Right of Withdrawal:
– The BUYER must fill in the Form of Withdrawal.
– The products must be delivered in unused and undamaged condition.
– The products to be returned must be delivered unused, complete and undamaged enclosed with the original box, packaging, label, standard accessories, and any additional products, if any, within 14 days.
-The BUYER shall be obliged to return the original invoice related to the returned product.
– The BUYER shall be obliged to return the products to the SELLER within 10 days following receipt of notice of withdrawal. The delivery costs of returned goods shall be borne by the BUYER.
The product amount shall be refunded to the Buyer using the same payment instrument within 14 (fourteen) days after the BUYER exercises the right of withdrawal. The SELLER is entitled to refund the amount which will be credited to the account of the BUYER by the Bank. The SELLER shall not be held responsible for the transaction of the refunded amount to the account of the BUYER, which the BANK is liable for delays in the processing. The SELLER reserves the rights of exchange, deduction and discount arising from the Contract for the amount to be refunded.
ARTICLE 10- EXEMPTIONS TO THE RIGHT OF WITHDRAWAL
Unless otherwise agreed by the parties, the BUYER cannot exercise the right of withdrawal in the following contracts:
a) Contracts of goods or services whose prices fluctuate in the financial markets and which are not under the control of the Seller or the Supplier.
b) Contracts of special, custom or made-to-order goods requested by the Buyer.
c) Contracts of goods which are subject to immediate deterioration or which are likely to pass the expiration date
d) Contracts of goods that are not suitable for health and hygiene issues after they are unpacked upon the delivery
e) Contracts of goods which are mixed with other products after delivery and which cannot be separated by their nature
f) Contracts of tangible materials such as books, digital content and computer consumables of which the protective components such as package, tape, seal, box were opened/unwrapped by the BUYER upon the delivery.
g) Contracts of delivery of periodicals such as newspapers and magazines other than those provided under the Subscription Agreement.
h) Contracts of recreational activities carried out with the purpose of lodging, moving items, renting car, food-drink supply and entertainment or resting, which has to be done at a specified date or within a time period.
i) Contracts of services fulfilled electronically or intangible assets delivered to the BUYER instantly
k) Contracts of services fulfilled upon the confirmation of the BUYER before the expiry of right of withdrawal
ARTICLE 11-DEFAULT AND LEGAL CONSEQUENCES
The BUYER undertakes to pay the interest amount and be liable against the bank pursuant to the credit card contract concluded between the BUYER and the Bank in the event that the BUYER fails to meet financial obligations of the purchases carried out by the credit card. In such cases, the Bank may use applicable legal remedies. The Bank may request compensation for incurring expenses and attorney fees from the BUYER, and the BUYER agrees to compensate the SELLER for any losses and damages incurred due to the delayed performance of the debt.
ARTICLE 12- DISPUTE RESOLUTION AND AUTHORIZED COURTS
For any disputes arising from any provisions under this Contract, the Parties shall apply to the Consumer Arbitration Committees and the Consumer Courts located at the place of the Buyer’s domicile or at the place of purchase of GOODS within the monetary limits set forth in the undermentioned Law. The monetary limits are as follows:
Amounts Applicable to Consumer Arbitration Committees for the year 2019;
a) District Consumer Arbitration Committees for disputes below 5.650 (five thousand six hundred and fifty) TL,
B) The Provincial Consumer Arbitration committees for disputes between TRY 5.650 (five thousand six hundred and fifty) and TRY 8440 (eight thousand four hundred and eighty) in cities with metropolitan status,
c) The Provincial Consumer Arbitration committees for disputes below TRY 8480 (eight thousand four hundred and eighty) in city centers which do not have metropolitan status,
d) The Provincial Consumer Arbitration committees for disputes between TRY 5.650 (five thousand six hundred and fifty) and TRY 8480 (eight thousand four hundred and eighty) in the districts of the provinces which are not in the metropolitan status are authorised.
This Contract is for commercial purposes.
This Preliminary Information Form has been read, accepted and agreed by the Parties electronically. The provisions of the Law on Protection of Consumers No. 6502 and the relevant legislation shall be applied in respect of the matters not mentioned in the Preliminary Information Form of this Distance Sales Contract.
The BUYER shall be deemed to have accepted all terms and conditions of this Contract after the payment of the purchase is completed. The SELLER shall be entitled to prepare necessary written documentation which prove that this Contract has been read and accepted by the BUYER prior to the completion of the order.