PRELIMINARY INFORMATION
ARTICLE 1 SELLER INFORMATION
ARTICLE 1.1 – SELLER
Title: BERFİN TRİKO TEKSTİL SAN.ve TİC.LTD.ŞTİ.
Address: GÜRSEL MH. ÇAMPARK SK. NO:15 KAĞITHANE
Phone: 0212 210 29 37
Fax: 0212 210 29 75
ARTICLE 1.2 - BUYER
A person who is a member of the www.shop.missdalida.com shopping site as a customer. The address and contact information used when becoming a member are taken into account.
ARTICLE 2 FEATURES OF THE PRODUCT SUBJECT TO SALE
The basic features of the goods or services are available at www.shop.missdalida.com. You can examine the basic features of the product during the campaign period.
The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
The type, quantity, brand/model, color, number, sales price, payment method of the Goods/Product/Service consist of the information at the time the order is finalized.
The shipping fee, which is the product shipping cost, will be paid by the BUYER and is not refundable.
ARTICLE 3 GENERAL PROVISIONS
3.1) The BUYER declares that he/she has read and is informed about the basic characteristics, sales price and payment method of the contracted product and the preliminary information regarding delivery on the www.shop.missdalida.com website and has made the necessary confirmation electronically. By confirming this Preliminary Information electronically, the BUYER confirms that he/she has obtained the address, basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely before the conclusion of distance contracts.
3.2) The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period for each product.
3.3) The SELLER cannot be held responsible for any problems encountered by the cargo company during the delivery of the product to the BUYER, or for the failure to deliver the ordered product to the BUYER.
3.4) The SELLER is responsible for the delivery of the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.
3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her express approval before the expiration of the performance obligation arising from the contract.
3.6) If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the contractual obligation and refund the total price to the BUYER within 10 days.
3.7) This Preliminary Information Form must be confirmed electronically for the delivery of the product. If the product price is not paid or is canceled in the bank records for any reason, the SELLER shall be deemed to have been relieved of its obligation to deliver the product.
3.8) If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons not resulting from the BUYER's fault after the delivery of the product, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, the shipping costs shall be borne by the BUYER.
3.9) If the SELLER cannot deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the elimination of the impeding situation. If the BUYER cancels the order, the amount paid by the BUYER shall be paid to the BUYER in cash and in a lump sum within 10 days. In payments made by the BUYER with a credit card, the product amount shall be returned to the relevant bank within 7 days after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER's accounts after its return to the bank is completely related to the bank transaction process, the BUYER accepts in advance that the SELLER will not be able to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
ARTICLE 4 RIGHT OF WITHDRAWAL
THE BUYER; In distance contracts related to the sale of goods, the consumer may exercise the right to withdraw from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any reason within 14 (fourteen) days from the date of delivery of the product (excluding concert and event tickets) to him/her or to the person/organization at the address he/she has indicated. In distance contracts related to the provision of services, this period begins on the date the contract is signed. Before the expiration of the right of withdrawal period, with the approval of the consumer, the service
The right of withdrawal cannot be used in service contracts that have started to be performed. Expenses arising from the use of the right of withdrawal belong to the SELLER.
In order to use the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 14 days and that the product has not been used within the framework of the provisions of Article 5. In case of use of this right,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged together with their box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the buyer in debt to the BUYER within 10 days from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases due to a reason arising from the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages to the extent of his/her fault.
f) If the campaign limit amount arranged by the SELLER falls below due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
g) The shipping fee paid when sending the returned product back to the seller due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders.
h) The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
It is not possible to return goods that are prepared in accordance with the BUYER's requests or clearly in line with his personal needs, that are not suitable for return due to their nature and that are at risk of rapid deterioration or have a possible expiration date, and sound or image recordings, software programs and computer consumables, provided that their packaging has been opened by the BUYER, as per the Regulation.
In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he resides are authorized up to the value declared by the Ministry of Industry and Trade.
The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the BUYER purchased the goods or services or where he resides, within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey in December of each year. The information regarding the monetary limit is as follows:
To be valid as of 1/1/2012:
a) The upper monetary limit regarding the binding nature of the decisions of the consumer problems arbitration committees in the 5th and 6th paragraphs of the amended 22nd article of the Law No. 4077 on the Protection of Consumers or the lower monetary limit regarding the evidence in consumer courts is 1,161.67 TL,
b) The lower monetary limit regarding the duty and authority of the provincial arbitration committees operating in the provinces with metropolitan status to handle disputes in the third paragraph of the 5th article of the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette dated 1/8/2003 and numbered 25186 is 3,032.65 TL.
This Preliminary Information is provided for commercial purposes.
DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
1.1 – SELLER
Title: BERFİN TRIKO TEKSTİL SAN.ve TİC.LTD.ŞTİ.
Address: GÜRSEL MH. ÇAMPARK SK. NO:16 KAĞITHANE
Phone: 0212 210 29 37
Fax: 0212 210 29 75
E-mail address: info@missdalida.com
1.2 – BUYER
The person who becomes a member of the www.shop.missdalida.com shopping site as a customer.
The address and contact information used when becoming a member are taken into account.
ARTICLE 2 – SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's www.shop.missdalida.com website.
ARTICLE 3 – PRODUCT SUBJECT TO CONTRACT
The type, quantity, brand/model, color, number, sales price, payment method of the Goods/Product/Service consist of the information at the time the order is finalized
ARTICLE 4 – GENERAL PROVISIONS
4.1 BUYER declares that he/she has read and is informed about the preliminary information regarding the basic characteristics of the contractual product, the sales price including all taxes and payment method, delivery and the fact that the expenses thereof will be covered by the BUYER, the period in which the delivery will be made and the full commercial title, full address and contact information of the SELLER on the www.shop.missdalida.com website and has given the necessary confirmation in electronic environment.
BUYER; by confirming this contract in electronic environment, distance contracts
Before the conclusion of the contract, the Seller confirms that he/she has obtained the address to be given to the Consumer by the Seller, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
4.2 The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period. All kinds of cargo fees related to the delivery indicated in Article 3 shall be covered by the BUYER and shall be reflected in the invoice for the order under the name of "Shipping Fee".
4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to whom the delivery will be made not accepting the delivery.
4.4 The SELLER cannot be held responsible for the failure of the ordered product to be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.
4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the contractual performance obligation, provided that it has a justified reason.
4.7 If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the contractual performance obligation and may supply the BUYER with a different product of equal quality and price.
4.8 For the delivery of the contractual product, it is required that the signed copy of this contract be delivered to the SELLER and that the price be paid with the payment method preferred by the BUYER. If the product price is not paid or is canceled in the bank records for any reason, the SELLER shall be deemed to have been relieved of its obligation to deliver the product.
4.9 BUYER accepts and undertakes that the credit card information entered into the system during shopping is correct and that he/she is responsible for all legal and penal liabilities arising from the use of this credit card. If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER. If the BUYER does not send the product back, if the product price is not collected from the credit card for any reason or if the product price is returned to the credit card, the product price will be transferred to the SELLER's bank accounts without any need for warning.
4.10 If the SELLER cannot deliver the product subject to the contract within the due date due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contractual product with a similar one, if any, and/or postponement of the delivery period until the obstacle is eliminated. If the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in a lump sum within 10 days.
4.11 The points given to the customer by the SELLER through a campaign are valid only for one purchase. These points shall not be returned even if the product is returned.
In payments made by the BUYER with a credit card, the product amount shall be returned to the relevant bank within 7 days after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER's accounts after its return to the bank is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the delivery of the contractual product to him/her or to the person/organization at the address he/she has indicated, without having to give any reason.
However, products specially prepared for the BUYER for certain days such as New Year's, holidays, Mother's Day, campaign and promotional products cannot be returned; the BUYER accepts these conditions and makes his/her purchase.
In order to exercise the right of withdrawal, the SELLER must be notified by fax or e-mail within 14 days and the product must not have been used within the framework of the provisions of Article 6. In case of exercising this right,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate,
(b) Return form,
c) Products to be returned within 14 days must be delivered complete and undamaged, together with their boxes, packaging, and standard accessories, if any. The product price will be returned to the BUYER within 10 days following the receipt of these documents by the SELLER.
The shipping cost of the returned product due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not return the shipping fee collected from the BUYER when selling the product.
When the product is returned to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned (in order to ensure consistency in our accounting records). If the invoice is not sent to the SELLER together with the product or at the latest within 5 days from the date of shipment of the product, the return process will not be carried out and the product will be sent back to the BUYER in the same manner with a cash on delivery. The invoice to be returned with the product shall be marked “return invoice” and signed by the BUYER.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Due to their nature; single-use products, copyable software and programs, products that deteriorate quickly or have a possible expiration date are not accepted for return.
ARTICLE 7 – DEBTOR’S DEFAULT
In the event of BUYER’s default, BUYER agrees to pay SELLER’s damages and losses incurred due to delayed performance of the debt. In cases where BUYER’s default is due to SELLER’s fault, BUYER shall not be obliged to meet any damages and losses claims.
ARTICLE 8 – AUTHORIZED COURT
In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he/she resides are authorized up to the value declared by the Ministry of Industry and Trade.
The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where he/she purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey in December each year. Information regarding the monetary limit is as follows:
To be valid as of 28/05/2014;
a) According to Article 68 of the Law No. 6502 on Consumer Protection, it is mandatory to apply to district consumer arbitration committees for disputes with a value below two thousand Turkish Liras, to provincial consumer arbitration committees for disputes with a value below three thousand Turkish Liras, and to provincial consumer arbitration committees for disputes between two thousand Turkish Liras and three thousand Turkish Liras in provinces with metropolitan status. Applications cannot be made to consumer arbitration committees for disputes above these values.
b) In disputes above the specified value, application must be made to the Consumer Court, and in places where there is no Consumer Court, application must be made to the Civil Courts of First Instance as Consumer Courts.
This preliminary information is provided for commercial purposes.
Please Note: Before signing the cargo report, please check whether your cargo package is damaged due to transportation. If your cargo package is damaged for any reason, return your cargo to the cargo officer for a report to be drawn up without signing any documents related to the delivery. Your new products will be sent to you immediately by us. If products with damaged cargo packages are received, sefamerve.com is not responsible for the damage or missing products inside.
15. All of these terms and conditions are subject to Turkish Law.