SELLER:
Title: DMRC GLOBAL İTHALAT VE İHRACAT LİMİTED ŞİRKETİ
Address: Maltepe Mahallesi Litros Yolu Sokak A No:2-4A İç Kapı No : 330 Zeytinburnu/İstanbul
E-mail: [email protected]
BUYER:
Buyer’s Full Name:
Buyer’s Address:
Buyer’s Phone:
Buyer’s E-mail Address:
The Seller and the Buyer shall each be referred to individually as a “Party” and collectively as the “Parties.”
By purchasing products and services from the Seller, the Buyer accepts, declares, and undertakes that they have read this Agreement in full, fully understood its content, and approved all of its provisions. Likewise, the Seller declares and undertakes the matters stated below to the Buyer. Therefore, the accuracy of the information provided by the Buyer during the purchase of services is warranted by the Buyer.
The subject of this Agreement is to determine the rights and obligations of the Parties, in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product ordered electronically by the Buyer through the Seller’s website www.towelandmaison.com (“Site”), the qualifications and sales price of which are specified below.
The basic characteristics, sales price, delivery, and payment terms of the product subject to this Agreement are as follows:
Type of Product/Service: Sale of products and/or services made by the Seller to the Buyer via the Site
PRODUCT CODE AND NAME
QUANTITY
UNIT PRICE (VAT INCLUDED)
SHIPPING FEE
DISCOUNT/COUPON
ADDITIONAL COSTS PAYABLE BY THE BUYER
TOTAL PRICE (INCLUDING SHIPPING, TAXES, ALL ADDITIONAL COSTS AND VAT)
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Total product price excluding shipping:
Shipping Fee:
Total price including shipping and all taxes:
Payment Method:
Delivery Address:
Person to Receive Delivery:
The total product price stated above is collected from the Buyer by DMRC GLOBAL İTHALAT VE İHRACAT LİMİTED ŞİRKETİ.
Carrier Company Information: Carrier companies used by the Seller For each order, the shipment/tracking information will be automatically displayed/sent to the customer.)
Delivery Address: [·]
Person to Receive Delivery: [·]
Unless the product subject to this Agreement is a product prepared in line with the Buyer’s requests or personal needs, the product shall be delivered to the Buyer or the person/organization at the address indicated by the Buyer within the period stated in the preliminary information form, depending on the distance of the Buyer’s place of residence, provided that it does not exceed the legal period of 30 (thirty) days for each product.
For the avoidance of doubt, it is a prerequisite for the delivery of the product(s) subject to this Agreement that this Agreement and the Preliminary Information Form have been confirmed by the Buyer electronically and that the price of the product(s) has been paid in full and completely via the payment method chosen by the Buyer. If, for any reason, the product price is not paid, is paid incompletely, or the payment is cancelled in the bank records, the Seller shall be deemed to be released from its delivery obligation.
In cases where it becomes impossible to fulfill the goods or services ordered, the Seller shall notify the Buyer in writing or via a durable medium within 3 (three) days from the date it learns of such situation and shall refund all payments collected, including delivery costs (if any), to the Buyer within 14 (fourteen) days at the latest from the date of notification.
The Buyer accepts, declares, and undertakes that they have read and become informed of the preliminary information provided by the Seller regarding the basic characteristics of the goods or services subject to the Agreement, the sales price, the payment method, delivery and shipping costs, that they have provided the required confirmation electronically, that by confirming the order via the Site they enter into a PAYMENT OBLIGATION, that they have purchased the product/service electronically, and that the sales price will be collected from the credit/debit card whose details have been entered for the payment transaction.
By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have obtained correctly and completely the information that must be provided by the Seller before concluding distance contracts, including the address, basic characteristics of the ordered goods or services, the price including taxes, payment and delivery, and delivery costs.
If, after delivery of the goods or services, the Buyer’s credit card is used unfairly or unlawfully by unauthorized persons without the Buyer’s fault and the relevant bank or financial institution does not pay the Seller the price of the goods or services, the Buyer shall be obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, delivery costs shall be borne by the Buyer.
If the goods or services subject to the Agreement are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to receive delivery does not accept delivery.
If the Buyer is not present at the address where they request delivery, the order shall definitely not be left at another address. In this case, the Buyer must accept the legal obligations arising from having placed an order to an address where they are not present.
If the product subject to the Agreement is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to receive delivery does not accept delivery.
The Seller is responsible for delivering the product subject to the Agreement in a sound and complete manner, in accordance with the characteristics specified in the order. Provided that there is a justified reason, and before the performance obligation period expires, and on condition that the Buyer is informed and their explicit consent is obtained, the Seller may supply goods or services of equal quality and price to the Buyer.
Electronic confirmation of this Agreement and payment of the order price are required for delivery. If for any reason the product price is not paid or is cancelled in bank records, the Seller shall be deemed released from the delivery obligation under this Agreement.
The Seller is responsible for loss and damages that occur until delivery of the goods to the Buyer or a third party designated by the Buyer other than the carrier. If the Buyer requests shipment through a carrier other than the carrier designated by the Seller, the Seller shall not be responsible for any loss or damage that may occur from the time the goods are delivered to such carrier.
The service provided by the Seller is intended for end consumers under retail sale; if the Seller suspects that the Buyer has the purpose of resale, the Seller reserves the right to cancel the order and not deliver the products even if this Agreement has been concluded.
Before receiving the product, the Buyer must inspect it and must not accept delivery of defective or damaged products that can be detected by an ordinary inspection from the Seller’s representative or the cargo company. If the Buyer neglects to inspect the goods and accepts delivery, the Buyer shall be deemed to have accepted that the product is sound and undamaged.
The Seller is responsible for delivering the goods or services subject to the Agreement to the Buyer in accordance with consumer legislation, in a sound and complete manner, in compliance with the qualities specified in the order, and together with warranty certificates and user manuals, if any.
Provided there is a justified reason, and on condition that the Buyer is informed and their explicit consent is obtained, before the performance obligation period expires, the Seller may supply a different product of equal quality and price to the Buyer.
Without prejudice to other provisions in this Agreement, the provisions and terms regulated under this Article 8 shall apply only if the Buyer has the status of a consumer under the relevant legislation.
Right of withdrawal and its exercise for Buyers who have consumer status under Law No. 6502 and the Regulation on Distance Contracts:
Pursuant to the relevant provisions of Law No. 6502 and the Regulation on Distance Contracts;
The consumer Buyer has the right to withdraw from the contract within 14 (fourteen) days without any justification and without paying any penalty: for service contracts, as of the day the contract is concluded; for distance sales contracts relating to goods, as of the date the goods are delivered. It is sufficient that the notice of withdrawal is directed to the Seller in writing or via a durable medium within this period. The Seller’s contact details for submitting the withdrawal notice are as follows:
Title: DMRC GLOBAL İTHALAT VE İHRACAT LİMİTED ŞİRKETİ
Address: Maltepe Mahallesi Litros Yolu Sokak A No:2-4A İç Kapı No : 330 Zeytinburnu/İstanbul
Phone: +905346669290
E-mail: [email protected]
Upon receipt of the notice of withdrawal by the Seller, the consumer Buyer will be informed.
The Seller shall refund all payments made by the consumer Buyer to the Seller regarding the relevant goods or services, including delivery costs (if any), within 14 (fourteen) days from the date the notice of withdrawal reaches the Seller, in a single transaction, using a payment instrument suitable to the one used at purchase, and without imposing any cost or obligation on the consumer.
International Returns Rule
If the consumer Buyer exercises the right of withdrawal, return shipment procedures may differ depending on the country of delivery.
For international orders: return shipping costs shall be borne by the Buyer, and the Seller shall not be responsible for any shipping fees and/or any damage occurring during shipment when the return is made via a carrier chosen by the Buyer.
For domestic orders (Türkiye): if a contracted carrier is specified by the Seller and the goods are returned via such contracted carrier, the Buyer may not be held responsible for return shipment costs, subject to applicable legislation and the Seller’s declared procedure.
The consumer Buyer must send the goods back to the Seller within 7 (seven) days from the date they submit the notice of withdrawal. Together with the returned goods, the invoice, box, packaging, standard accessories (if any), and any other products gifted due to the purchase of the goods must also be returned to the Seller completely and without damage. The consumer Buyer must use the goods during the withdrawal period in accordance with their operation, technical characteristics, and instructions; otherwise, the Buyer is responsible for any changes and deterioration occurring in the goods.
Since the refund of order amounts paid via bank accounts or credit cards and their reflection in the consumer Buyer’s accounts are entirely related to the bank transaction process, the Seller cannot intervene in possible delays. Therefore, it may take a long time for the refunded amount to be reflected in the Buyer’s bank account or credit card by the bank.
Pursuant to Article 15 of the Regulation on Distance Contracts, the consumer Buyer’s right of withdrawal does not apply to:
(a) goods or services whose price depends on fluctuations in financial markets and is not under the control of the seller or provider,
(b) goods prepared in line with the consumer’s requests or personal needs,
(c) delivery of goods that may spoil quickly or whose expiration date may pass,
(ç) goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery and whose return is not suitable in terms of health and hygiene,
(d) goods that are mixed with other products after delivery and cannot be separated by nature,
(e) books, digital content, and computer consumables delivered in a material medium if protective elements such as packaging, tape, seal, or package have been opened after delivery,
(f) periodicals such as newspapers and magazines, except those provided under subscription contracts,
(g) services to be performed at a specific date or period, including accommodation, transport of goods, car rental, food and beverage supply, and leisure time evaluation for entertainment or rest purposes,
(ğ) services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and
(h) services started to be performed with the consumer’s approval before the withdrawal period ends.
The consumer is obliged to cover the return cost, provided that it is agreed in the preliminary information and the amount is specified for the return via the carrier foreseen by the seller, not exceeding the delivery costs. However, if the delivered goods are defective under Article 8 of the Law, the consumer shall not be held responsible for return costs. Upon the consumer’s request, the return cost may be set off against the goods/service price and delivery costs to be refunded.
Complaint and objection procedure for Buyers having consumer status under Law No. 6502 and the Regulation on Distance Contracts:
All complaints and objections arising from this Agreement may be submitted, according to the monetary limits determined annually by the Ministry of Trade each December, to the Consumer Arbitration Committee or the Consumer Court located in the Buyer’s place of residence or where the consumer transaction was made.
The Buyer may submit complaints regarding the purchased goods and/or services directly to the Seller (using the Seller’s contact addresses specified above under the Parties section). Upon submission of a complaint, the Seller will provide all possible support to resolve the issue.
If the Buyer falls into default in transactions made by credit card, the cardholder shall be responsible to the bank within the framework of the credit card agreement made with the bank. In this case, the bank may pursue legal remedies and may claim costs and attorney fees from the Buyer. In any case, if the Buyer falls into default, the Buyer shall be responsible for all losses and damages incurred by the Seller.
The Buyer accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) regarding the special design techniques used in the designs of the products produced by the Seller, including texture, pattern, design, drawings, design elements (icons, buttons, etc.), styles, gradients and solid color tones, and all graphic designs, illustrations, drawings, designs and works, and all products offered for sale on the Site belong to the Seller.
All intellectual and industrial property rights and ownership rights related to all information and content on the Site and their arrangement, revision, and partial/complete use, except those belonging to third parties according to the Seller’s agreement, belong to the Seller. All or part of the purchased product(s) and/or any information, software, or service obtained from the product cannot be modified, copied, distributed, reproduced, published, made subject to derivative works, transferred, or sold. The Buyer accepts and undertakes that they will not use the product purchased under this Agreement for illegal purposes and/or in these prohibited ways. Otherwise, all legal and criminal liability belongs to the Buyer, and the Seller reserves the right to claim compensation and other demands arising from such unauthorized use against any claims and demands that may be asserted by third parties or competent authorities against the Seller.
All complaints and objections arising from this Agreement may be submitted, according to the monetary limits determined annually by the Ministry of Trade each December, to the Consumer Arbitration Committee or the Consumer Court located in the Buyer’s place of residence or where the consumer transaction was made.
The Seller may assign its rights and obligations arising from this Agreement to third parties without obtaining the Buyer’s approval. The Buyer may not assign its rights and obligations arising from this Agreement to third parties without the Seller’s approval.
In disputes that may arise under this Agreement, the Buyer accepts that the Seller’s electronic records and system records kept in its own database or servers, commercial records, book records, microfilm, microfiche, and computer records constitute valid, binding, definitive, and exclusive evidence; that the Buyer waives the right to offer an oath to the Seller; and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
Events that occur beyond the control of the Parties and prevent and/or delay performance of obligations without any fault or negligence of the relevant Party shall be considered force majeure. (Examples include strike, lockout, declared or undeclared war, civil war, terrorist acts, earthquake, fire, flood, similar natural disasters, legislative and administrative acts of any public authority not arising from the inadequacy of any Party, technical failures and delays arising from service providers that provide the internet connection, and similar events.) In such situations, the Parties shall not be held responsible for failure to perform obligations fully or on time. The Party affected by force majeure shall notify the other Party in writing as soon as possible and shall deliver to the other Party, as soon as possible, a document issued by an authorized person or institution proving the force majeure event.
This Agreement has been concluded and entered into force on the date it is approved online, by being confirmed electronically by the Buyer. Transactions made via the Site shall be deemed binding declarations of intent for the Parties under the Turkish Code of Obligations, consumer legislation, and other applicable legislation in force.
The text of this Agreement will be sent by e-mail to the e-mail address provided by the Buyer immediately after approval and will be stored by the Seller for 3 (three) years. The Buyer may request access to a copy of this Agreement by sending a request to [email protected] at any time.
SELLER
BUYER
DMRC GLOBAL İTHALAT VE İHRACAT LİMİTED ŞİRKETİ
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