DISTANCE SALES CONTRACT PRELIMINARY INFORMATION FORM

 

DISTANCE SALES CONTRACT PRELIMINARY INFORMATION FORM

1-SELLER
1.1. SELLER
Title: MELENİM BİLİŞİM HİZMETLERİ LİMİTED ŞİRKETİ
Address: Fatih Mah, Prof.Dr Aziz Sancar Cd., No: 23/7, Blue Lake Residence, H Blok, Kat:2, D:14, 34290, Küçükçekmece, İstanbul
Fax: +
Telephone: +905078183261
Email: streetspellbinders@gmail.com

Mersis number: 0614161651100001

2-CONSUMER

According to Law No. 6502 on Consumer Protection, a consumer is a natural or legal person acting for purposes outside their trade, business, craft, or profession.

This Preliminary Information Form has been prepared pursuant to Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts ONLY FOR BUYERS WHO ARE CONSUMERS WITHIN THE SCOPE OF THIS LAW. For BUYERS WHO ARE NOT CONSUMERS, the provisions of the Turkish Code of Obligations and the Turkish Commercial Code shall apply, along with the articles of the sales contract, excluding provisions specific to consumers.

2-GOODS SUBJECT TO THE CONTRACT

The basic characteristics (type, quantity, brand/model, color, number of units) of the good/product/service are available on the SELLER's website named Sters.shop. The subject of the contract is the goods selected by the BUYER from the SELLER's site named Sters.shop, ordered electronically, and to be sent by the SELLER to the BUYER, or services to be received online by the BUYER through the system.

Information regarding the description, unit price, quantity, and payment terms of the ordered goods is as specified below, and the BUYER has confirmed being informed in writing on these matters through this preliminary information form.

3-PAYMENT INFORMATION

The BUYER placing an order on the SELLER's website means that they undertake the obligation to pay the price of the goods subject to the order. The shipping fee will also be paid by the BUYER. With this preliminary information form, the BUYER accepts that upon accepting the distance sales contract and confirming the order subject to the contract, they undertake the obligation to pay the price of the goods or services subject to the order and any specified additional charges such as shipping fees, taxes, delivery costs, if any, and that they have been informed about this.

The invoice will be delivered together with the order to the billing address during order delivery.

4-DELIVERY INFORMATION

Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days (PROVIDED THAT THE DELIVERY LOCATION IS WITHIN THE BORDERS OF TURKEY). If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

5-INFORMATION PROVIDED BY THE BUYER

The BUYER accepts, declares, and undertakes that the personal information and other information provided while registering on the SELLER's website and included in the Preliminary Information Form are truthful, accurate, and complete, and otherwise, the BUYER will immediately, in cash and in full, compensate for all damages incurred and to be incurred by the SELLER due to the untruthfulness or incompleteness of this information upon the SELLER's first notification.

5-RIGHT OF WITHDRAWAL

5.1. The BUYER; in distance contracts related to the sale of goods, may exercise the right to withdraw from the contract within 14 (fourteen) days from the conclusion of the contract until the delivery of the goods or from the delivery of the product to themselves or to the person/organization at the address indicated by them, by notifying the SELLER, without undertaking any legal or criminal liability and without providing any justification, provided that the subject of the contract is not among those listed in Article 15 of the Regulation and Article 6 of this contract (Exceptions to the right of withdrawal), the original box, packaging, and wrapping of the product are undamaged, the product has not been used, has not lost its characteristic of being brand new, and is in a resalable condition as new. In distance contracts related to the provision of services, this period (withdrawal period) starts from the date the contract is concluded. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the BUYER's approval before the end of the withdrawal right period. The BUYER accepts in advance that they have been informed about the right of withdrawal by accepting this contract.

5.2. The BUYER can exercise the right of withdrawal by sending a registered letter with return receipt requested to the SELLER's address at Fatih Mah, Prof.Dr Aziz Sancar Cd., No: 23/7, Blue Lake Residence, H Blok, Kat:2, D:14, 34290, Küçükçekmece, İstanbul or by sending an e-mail to streetspellbinders@gmail.com.

5.3. If the BUYER exercising the right of withdrawal sends the goods to the SELLER via PTT KARGO, they are not responsible for the shipping cost. If the BUYER sends the goods to the SELLER via a carrier company other than PTT Kargo, they will be responsible for the shipping cost. If the BUYER sends the goods cash on delivery via a carrier company other than the one agreed upon in this contract, the shipping cost will primarily be deducted from the amount to be refunded by the SELLER to the BUYER, or the BUYER will owe the SELLER the amount of the shipping cost.

5.4. The BUYER exercising the right of withdrawal shall send the goods to the SELLER within 1 week following the exercise of this right. If the returned goods are sent to the SELLER via a carrier company other than PTT Kargo, the BUYER is responsible for any kind of damage the SELLER may suffer (loss of goods, damage, etc.).

5.5. In case the right of withdrawal is exercised, the product's invoice, or if the invoice for the product to be returned is corporate, the return invoice issued by the BUYER, must be sent to the SELLER along with the product to be returned. Otherwise, the order return will not be processed. The box, packaging, and standard accessories, if any, of the product to be returned shall be delivered to the SELLER complete and undamaged.

5.6. The SELLER is obliged to return the total price and any documents putting the BUYER under debt, if any, to the BUYER within a maximum period of 14 days from the receipt of the withdrawal notification.

In case the order is cancelled by the BUYER, for payments made by the BUYER in cash, the product amount is paid back to them in cash and in full within 14 days. For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The refund is made when the right of withdrawal is used within the legal period and the product reaches the SELLER completely. The BUYER accepts, declares, and undertakes that the time it takes for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account arises from the transaction process between the bank and the BUYER, and that the BUYER cannot hold the SELLER responsible for possible delays.

5.7. In the event that exercising the right of withdrawal causes the order value to fall below the limit amount of a campaign organized by the SELLER, the discount amount utilized within the scope of the campaign shall be cancelled.

5.8. The BUYER who provides an address abroad as the delivery address may exercise the right of withdrawal within the period specified in this contract and only on the condition of bearing the shipping costs. In this case, the SELLER shall refund the remaining amount to the BUYER after deducting the return costs related to the product price (Transfer, EFT expenses, etc.), if any.

6-EXCEPTIONS 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 relating to goods or services whose price changes depending on fluctuations in the financial markets which are not under the control of the seller or supplier.
b) Contracts relating to goods prepared in line with the consumer's requests or personal needs.
c) Contracts relating to the delivery of goods which are liable to deteriorate rapidly or expire.
ç) Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal, packet have been opened after delivery; from those whose return is not suitable in terms of health and hygiene.
d) Contracts relating to goods which are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts relating to books, digital content, and computer consumables presented in a tangible medium if protective elements such as packaging, tape, seal, packet have been opened after delivery.
f) Contracts relating to the delivery of periodical publications such as newspapers and magazines, except for those provided under a subscription agreement.
g) Contracts relating to accommodation, transport of goods, car rental, food and beverage supply, and leisure activities for entertainment or rest, which must be carried out on a specific date or period.
ğ) Contracts relating to services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts relating to services whose performance has begun with the consumer's approval before the expiry of the right of withdrawal period.
ı) Contracts relating to movable property subject to mandatory registration according to the Highway Traffic Law No. 2918 dated 13/10/1983, and unmanned aerial vehicles requiring registration or recording.
i) Contracts relating to mobile phones, smartwatches, tablets, and computers that have been delivered to the consumer.
j) Contracts concluded through open auctions in the form of a live auction.
k) Contracts relating to goods for which installation or assembly is specified to be done by the seller or authorized service in the introduction and user manual, if such installation or assembly has been performed.

8-COMPLAINTS AND REQUESTS

The BUYER may convey any requests, complaints, and suggestions to the SELLER through the communication channels provided above.

9- AUTHORIZED AND COMPETENT AUTHORITIES IN CASE OF DISPUTE

In disputes arising from this contract, if the BUYER is a consumer within the scope of the Consumer Law; the consumer arbitration committee at the place of residence of the SELLER or the CONSUMER, or where the consumer transaction took place, is competent and authorized within the monetary limits determined annually by the Ministry of Commerce of the Republic of Turkey as required by law under Article 68 of the Law No. 6502 on Consumer Protection. If the subject of the dispute exceeds the jurisdictional limit of the consumer arbitration committees in terms of amount, the consumer court is competent and authorized. In places where an application should be made to the consumer arbitration committee but one does not exist, applications can be made to the relevant district governorship (kaymakamlık).

In the event that the BUYER does not have the capacity of a consumer, Istanbul courts and enforcement offices are authorized in potential disputes.