DISTANCE SALES AGREEMENT
TITLE: Maya MED Medical Tekstil Dış.Tic.Ltd.Şti.
(Hereinafter referred to as "Maya MED").
ADDRESS: Oruçreis Mh. Tekstilkent Cd. Koza Plaza A Blok No: 12B / 033 Esenler ISTANBUL
CUSTOMER SERVICE TEL NO: +90 532 6785295
NAME SURNAME / COMMERCIAL TITLE:
TC IDENTIFICATION NUMBER. / TAX NUMBER :
TAX ADMINISTRATION :
Name, quantity, sales price including VAT, payment method and basic qualifications of the goods or services subject to the contract
Product Code Product Description Product Amount
THE SUBJECT OF THE CONTRACT
3.1. The subject of this Distance Sales Contract (hereinafter briefly referred to as the "Contract") is from the Buyer's website www.mayamedical.com.tr (hereinafter referred to as the 'Internet Site'). It is the determination of the rights and obligations of the Parties in relation to the sale and delivery of the products and / or products that are purchased by ordering in the environment and written under Article 2 above.
3.2. The provisions of this Contract are subject to the General Provisions of the Turkish Commercial Code No. 6102 and the Code of Obligations No. 6098, since the Parties are merchants within the scope of the Turkish Commercial Code No. 6102 and the business subject to the Contract is considered "commercial business", even if the Parties are not merchants.
The Law No.6502 on the Protection of the Consumer and the relevant secondary legislation shall not apply to the contractual work.
In this context, since the definition of "consumer" is not valid in terms of the provisions of the Law on Consumer Protection, Buyers do not have the right to benefit from the rights and powers granted to consumers in accordance with the specified legislation, especially the right of withdrawal.
3.3. The Buyer has been informed about the basic characteristics of the product and / or products subject to sale, sales price, number, payment method, delivery conditions and similar information about the product subject to sale and the conditions of cancellation and return, stated under Article 2 above, He accepts and declares that he has confirmed his will and then bought the product by placing an order.
Rights and liabilities of the parties
4.1. The parties to this Agreement are the Buyer and the Seller. In this context, all liabilities and responsibilities related to the fulfillment of this Contract belong to the parties of the Contract.
4.2. The Buyer shall be entitled to the website membership agreement, commercial distance sales agreement, during the order and within the content of the relevant parts of the website; Name, Surname, Company Title, Tax Office, Trade Registry Number, MERSİS Number, T.C. He is obliged to provide all the information requested from him such as ID Number, e-mail address, Telephone, Address, Credit Card information in accordance with the law, up-to-date, accurate and complete.
4.3. 4.2 of the receiving party. In case of faulty reporting of the information written in the article content to the Seller, regardless of whether it is deliberate and / or as a result of negligence; Delay, non-delivery etc. that may arise as a result of this error. Due to the circumstances, the Buyer against the Seller; will not be able to claim any rights or receivables under any name or indemnification. If the Buyer causes the products subject to the contract to be returned to the Seller due to the information given to the Seller in error as mentioned above, in this case, the shipping fee, labor, handling etc. accrued during the return phase. The expenses and expenses to be made by the seller party will be deducted from the purchase amount paid by the Buyer party and the sales amount will be returned to the Buyer. The provisions written below regarding the return period and other conditions are reserved.
Sales made using credit cards on the website can only be made using credit cards with 3D SECURE feature. The shopping process will be completed after the password in the message sent to the mobile phone where the credit card used by the recipient is registered is entered correctly on the 3D SECURE password screen.
During the shopping, the buyer uses the credit card belonging to him / her and / or the company that placed the order and / or the company official, has provided the Seller with the correct credit card information, the "3D Secure" password information of the credit card used in the shopping is sent to the telephone.
declares and accepts that the fund line belongs to him / her and / or his company and / or the company official. Otherwise, fraud, etc. by using informatics systems. The seller will immediately take all kinds of criminal and legal claims and legal remedies for those responsible, as this will lead to the occurrence of crimes and the demand for material and moral compensation of the Seller.
The products will be sent to the Buyer by the Seller through contracted cargo and logistics companies. Shipping fee, packaging and delivery costs will belong to the Buyer, unless otherwise stated on the Website. The shipping fee will be added to the total amount of the order, it is not included in the product price. The seller has made the "free shipping" etc. on the website regarding the shipping charges. It always reserves the right to change the terms of the campaign and to stop the campaign. In the event of a similar change and campaign suspension, the Buyer, the seller, etc. will not be able to claim rights and receivables.
In the event that contracted cargo companies do not have branches at the delivery address, if the branch to which the distribution will be delivered delivers the products on different days due to its internal functioning and if the delivery time exceeds the delivery time specified in the contract due to other reasons that may arise from its internal functioning, the Seller shall not be attributed any defects.
In accordance with the Turkish Commercial Code No. 6102; During the delivery of the ordered products, it is responsible for examining the defects.
The delivery of the buyer products to the person and / or person authorized by the cargo immediately and without delay and before the cargo officer leaves the place of delivery; will make an examination of the products subject to the order.
On the grounds that the parties are tradesmen, the necessity of acting prudently, the speed required by the commercial life and the speed of circulation of the products subject to sale and the long examination periods in the market cause the possibility of malicious acts and the seller may cause irreversible and in practice impossibilities; The notice periods written in Article 23 / c of the TCC numbered 6102 will not be applied within the scope of this contract. Within the scope of this contract, notices of defects will be made in writing immediately at the time of delivery of the products as stated above.
The receiving party will carry out the inspection of defects in person and / or through the person and persons authorized to deliver. Deficiencies and damages determined as a result of such an examination and claimed to be defective will be arranged by the cargo officer and written in the damage assessment report with the signatures of the parties. The Buyer will receive a signed copy of the said report from the courier company official and send the photographs clearly showing the deficiencies and deficiencies claimed to be defective by scanning to the above-written email@example.com address of the Seller. In the photographs to be taken by the Buyer party, the parcel and the tapes that contain the phrase "Maya MED" on the parcel and parcel belonging to the Seller must be clearly shown. Notifications made from any other phone, fax, e-mail and other contact address / address of the Seller and the Buyer, other than the communication channels of the Seller and the Buyer written in this contract, will not be considered as a notice of defect.
The buyer should act prudently during the delivery and carry out the inspection of defects completely and without error and, if necessary, take samples from all the products and examine them.
After the Buyer makes a full and error-free notice of the defect in accordance with the above-mentioned procedure and form, he will send the products he claims to be defective to the Seller through the courier company that delivers the shipping fee.
The buyer is obliged to return the promotional and promotional products of the product to be returned at the same time.
Following the receipt of the returned product and / or products by the Seller in accordance with the above-mentioned procedure and method, the necessary investigations regarding the alleged defect will be made by the Seller's expert teams for each product and the Buyer will be informed via the above written e-mail address.
The seller will make the notification to the Buyer within 30 days from the date of delivery, after the products have been delivered to him in accordance with the above-mentioned procedure and form. During this period, the Buyer will not be able to claim any rights or receivables on the grounds of delay or other reasons.
Whether the deficiencies and damages claimed to the Buyer in the content of the information message are considered as defects by the Seller, whether the damages and deficiencies are caused by the cargo company, return cargo pricing information, regarding the products found to be defective; Which of the options of refund, replacement with the same or similar product
wants to be selected etc. matters will be presented.
After the Buyer confirms and notifies him of the defective good by the Seller; Refunds can only use one of the rights to replace with the same or similar product.
The Buyer will reply to this informative message sent by the Seller within 3 working days at the latest.
In the event that this 3-day period is passed by the Buyer for whatever reason or if the Buyer chooses one of the options for the same product or a similar product, whether the period has passed or not, the returned defective product, which is determined and approved by the buyer, is not in stock, or In cases where the opportunity to replace with a product without defects due to similar compelling reasons, the Seller will make a refund to the Buyer in accordance with the provisions of this contract regarding the refund.
If the buyer chooses instead of a refund request, he may also request from the Seller to define a gift coupon equal to the refund amount.
In the event that any of the above-written optional rights are used by the Buyer party, these optional rights will only be fulfilled after the return invoice for the product subject to return is issued by the Buyer in the form of Product Unit Price + VAT and delivered to the Seller. Unless a return invoice is issued by the Buyer party, no optional claims can be made from the Seller.
After the seller gives a negative response to the Buyer's claim of defect, the returned products will be delivered to the buyer upon the written request of the buyer, with the shipping fee to the buyer. Otherwise, no liability can be attributed to the Seller under any name whatsoever.
In case it is determined that the deficiencies and damages written in the damage assessment report are caused by the cargo company, the Cargo company will be responsible for all detected damages and deficiencies and no responsibility can be attributed to the Seller.
Refunds to be made to the Buyer within the scope of this contract; It will be returned to the Buyer in the same way as the method collected within 60 days, without paying any interest or expense.
The provisions of the Tax Procedure Law No. 213 and the relevant legislation are reserved for the product return, and the Buyer and the Seller are obliged to comply with the specified provisions.
The Seller shall not be held liable for any damage and / or deficiencies that have not been recorded and / or not immediately determined in accordance with the procedure and form stated above. In such a case, the Buyer will be deemed to have accepted the delivered product in defective form in accordance with Article 223 of the Turkish Code of Obligations No. 6098.
After the Buyer completes the order and the payment, unless otherwise agreed in writing between the parties and if the stocks are available in the products, the products subject to the order will be sent to the Buyer by the Seller within 30 days at the latest and within 45 days for out-of-city purchases, at the time of the order by the Buyer. delivered to the buyer himself and / or to the person and / or persons authorized to deliver by the buyer at the notified delivery address.
In the event that the goods are not received by the Buyer without any valid reason during the delivery and / or the person and / or persons authorized for delivery are not present at the delivery address and / or cannot be reached at the time of delivery, the cargo cost will be deducted by the Cargo Company to be deducted from the payment made by the Buyer. it will be taken back and delivered to the Seller.
Regarding the products not received by the Buyer as mentioned, made by the Seller; Handling, stowage, worker overtime wages and all costs incurred, including but not limited to these, will be deducted from the wage paid by the Buyer. In such a case, the bank commission amounts will be deducted from the amount paid by the Buyer in the repayments to be made to the Buyer.
Within the scope of this Agreement, orders can be canceled under the relevant section from the My Orders page in the process until the shipment of the products paid by the Buyer. The cancellation of the order for the products delivered to the cargo will not be requested by the buyer.
In the event that the right of cancellation is exercised by the Buyer within the above-written period, the refund will be made to the Buyer within 60 days at the latest from the notification of the cancellation request, provided that the bank commission amounts on the date of return are deducted from the payments made or, upon the Buyer's request or approval, this amount will be kept in his account. As it can be used in the next orders, a coupon code can be defined and used in the next orders to the Buyer.
The products subject to the order will be delivered to the Buyer at the address specified by the Buyer during the order and / or to the persons authorized for delivery by the buyer in return for identity check.
Orders placed on Saturdays and Sundays and public holidays, pay b
It is deemed to have been given on the first business day following the approval of the interest.
The price of the products ordered from the Website by the Buyer are specified on the Website and in the invoice content sent to the Buyer. Unless otherwise stated, prices include VAT.
If the buyer purchases with credit card and in installments, the installment form chosen on the Website is valid. In installment transactions, the relevant provisions of the contract in force between the Buyer and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the Buyer, and the Seller has no obligation regarding this issue.
The seller reserves the right to make changes on the prices, products, promotions and campaigns on the Website at any time, without the obligation to make any further information, and / or to cancel, delete, and close all specified issues. The Buyer accepts and declares in advance that he will not demand compensation from the Seller for any direct and / or indirect damages due to these changes or cancellations.
Regarding the subject of this Contract, the Buyer agrees and undertakes that it will not claim any damages, including any positive and / or negative loss and loss of profit, in the event of incomplete performance, defective or defective performance of the Contract by the Seller. In this context, the material liability of the Seller that may arise from this Agreement is the maximum amount of the order.
In a nature that will prevent and / or make it impossible for the seller to partially and / or completely fulfill the actions undertaken within the scope of this contract; earthquake, coup attempt, social events, emergency rules, terrorist attack, war, uprising, legislative changes, seizure, strike, lockout, adverse weather, fire, electricity and internet outages, transportation barriers caused by natural disasters, public power No liability can be attributed to any natural, managerial, technological or other events that may occur outside of their control, such as blocking, cyber-attack and other natural, administrative and technological events.
In case of Force Majeure, the Seller may avoid unilaterally fulfilling the actions undertaken by this Contract by refunding the price paid and without compensation.
If the force majeure lasts more than 45 (forty five) days, the Buyer may terminate this Agreement and demand the refund of the amount paid.
This Agreement is not subject to stamp tax in accordance with Article 6/4 of the Stamp Tax Law General Communiqué (Serial No: 60) published in the Official Gazette dated 29.09.2016 and numbered 29842.
In all disputes that may arise / may arise between the parties, the Seller's commercial books, records and documents, computer, fax records, e-mail correspondence, proforma invoices and other issues, Article 6100 of the Civil Procedure Law. 193, the Buyer irrevocably accepts, declares and undertakes that it will be considered as definitive evidence.
This Agreement has been drawn up and approved electronically between the Parties before the Buyer makes the payment; In this context, this Contract replaces the written contract between the Parties and is an electronic document in accordance with the Civil Procedure Law No. 6100.
Business in solving all disputes arising from this Agreement Istanbul Bakirkoy Court officials and officials with the Executive Office of the Republic of Turkey is the law in the settlement of any disputes shall apply.