This is a Distance Sales Agreement in electronic form between Tuğçe Kurtağzı Sipahi – TheMonsterMug and the Customer.
Article – 1 The subject matter of this agreement covers the sale and delivery of the product, whose qualities and sales price are specified below, by the seller to the buyer in accordance with the provisions of the Law on the Protection of Consumers numbered 6502 and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the rights and obligations of the parties.
Article – 2 SELLER INFORMATION: Fevzipaşa Mah. Çimenlik Sk. No: 21 Merkez/ÇANAKKALE E-Mail: sipahistudio@gmail.com Phone: 05056414646
Article – 3 BUYER INFORMATION (name and title of the buyer) All members: All buyers who become a member of TheMonsterMug e-commerce store and make purchases. (Hereinafter referred to as the buyer or customer).
Article – 4 SUBJECT MATTER OF THE AGREEMENT AND PRODUCT INFORMATION: The type, quantity, brand/model, color of the goods/service, and the sales price including all taxes, are as stated in the invoice, which is an integral part of this agreement. The type, quantity, brand/model, color, quantity, sales price, and payment method of the Goods/Product or Service are as stated on the website, and these promises can be subject to change without prior notice to the buyer.
Article – 5
GENERAL PROVISIONS
5.1 – The BUYER declares that they have read and become knowledgeable about the essential characteristics of the product subject to the contract, the sales price, the payment method, and all preliminary information related to delivery stated in Article 4, and provided the necessary confirmation electronically.
5.2 – Provided that the legal period of thirty days is not exceeded, the product subject to the contract shall be delivered to the BUYER or the person or organization specified by the BUYER at the address indicated, within the time frame stated in the preliminary information depending on the distance of the BUYER’s place of residence.
5.3 – Shipping and transportation expenses for the purchased products will be covered by the BUYER, except for the campaigns and promotions organized by the SELLER.
5.4 – If the product subject to the contract is to be delivered to a person or organization other than the BUYER, the SELLER shall not be held responsible for the refusal of the recipient to accept the delivery. In case the product is returned using a carrier other than the one indicated, the consumer shall bear the return expenses. Otherwise, the return will not be accepted.
5.5 – The SELLER is responsible for delivering the product subject to the contract in sound, complete, and in accordance with the specified qualifications in the order, along with the warranty documents and user manuals if any.
5.6 – It is a condition for the delivery of the product subject to the contract that this contract be confirmed electronically and the sales price be paid with the payment method chosen by the BUYER. If, for any reason, the product price is not paid, or the payment is cancelled in the bank records, the SELLER shall be deemed to have been relieved of the obligation to deliver the product.
5.7 – If, following the delivery of the product, the product price is not paid to the SELLER due to unauthorized use of the BUYER’s credit card by unauthorized persons or for illegal reasons not caused by the BUYER, the BUYER must send the product that has been delivered to themself or to the person or organization specified in the sales contract to the SELLER within three business days. In such a case, the shipping expenses shall be borne by the BUYER.
5.8 – If the SELLER cannot deliver the product subject to the contract within the specified time frame due to force majeure or extraordinary circumstances, such as transportation being interrupted by adverse weather conditions, they shall be obliged to notify the BUYER. In this case, the BUYER may use one of their rights to cancel their order, to exchange the product subject to the contract with a similar one if available, and/or to postpone the delivery time until the obstacle is eliminated. If the BUYER cancels their order, the SELLER shall take action with the relevant bank to cancel the credit card slip belonging to the BUYER within seven days and to refund the corresponding amount to the BUYER’s account. Any delays caused by the relevant bank shall not hold the SELLER liable.
5.9 – In case the products delivered to the buyer and/or the person or institution to whom the buyer requests delivery are defective or faulty within the warranty conditions, the relevant product or products are sent to the SELLER for the necessary repair or replacement within 7 days starting from the date the BUYER received them, and shipping costs are covered by the SELLER. In such a case, if the 7-day period expires, the BUYER must take the product he/she received to the relevant service.
5.10 – This agreement becomes valid after it is approved electronically by the buyer and delivered to the………………………….. address.
Article – 6
RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 (fourteen) days starting from the delivery of the product subject to the contract to him/herself or the person/organization at the address indicated by him/her. In order to exercise the right of withdrawal, it is required to notify the SELLER by fax or email within this period and the product must not have been used within the scope of Article 7 and its packaging must not have been damaged. In case of exercising this right, it is mandatory to return the original copy of the sales invoice and the cargo delivery note indicating that the product delivered to the third party or to the BUYER has been sent to the SELLER. Within 7 days following the receipt of these documents, the SELLER takes action with the relevant bank for the refund of the product price to the BUYER’s credit card account. The SELLER cannot be held responsible for any problems at the bank regarding the refund of the product price. In case the original sales invoice is not sent, the value-added tax and other legal obligations, if any, will not be refunded. The cargo fee of the product returned due to the right of withdrawal belongs to the BUYER.
After the SELLER confirms that the statements of the BUYER regarding the exercise of the right of withdrawal have been received via the internet, the SELLER immediately notifies the BUYER of the confirmation.
In addition, the right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, perishable or expired products. In contracts regarding the delivery of goods that are not suitable for return due to their nature and are prepared in accordance with the BUYER’s requests or clearly for his/her personal needs, in the case of products whose protective elements such as packaging, tape, seal, and package have been opened after delivery; in contracts regarding the delivery of goods that are not suitable for return due to health and hygiene reasons, for products that are mixed with other products after delivery and cannot be separated naturally, the exercise of the right of withdrawal is subject to the condition that the product’s packaging is unopened, undamaged, and unused.
Article – 7 AUTHORIZED COURT: In the implementation of this contract, Consumer Arbitration Boards up to the value announced by the Ministry of Industry and Trade, and CONSUMER COURTS in the domicile of the BUYER or SELLER are authorized. If the order is approved electronically, the BUYER is deemed to have accepted all the provisions of this contract.
Article – 8 All kinds of correspondence between the Parties under this Agreement will be made via e-mail, except for mandatory cases stipulated in the legislation. The Buyer acknowledges, declares and undertakes that the official books and commercial records of the Seller, electronic information and computer records kept in its own database and servers, shall constitute binding, definite and exclusive evidence in case of any disputes arising from this Agreement, and that this article is a evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
Article – 9 In case the Buyer who creates the order in this contract wants to issue the invoice in the name of a third party company and/or legal person (including real person trader), the Buyer declares that he/she approves the accuracy of the invoice information provided and allows the transfer of the amounts to the current account of the company and/or legal person declared by the Buyer. The Buyer also declares and undertakes that he/she accepts the issuance of the debt in the name of the commercial title and tax number of the company/legal person declared by the Buyer according to the rules of transfer of receivables. The Buyer accepts and undertakes to compensate for all material and moral damages arising from any errors in the commercial title, tax office and number, and address information of the company/legal person declared, and the liability of the relevant company/legal person’s refusal to accept the debt, and declares that this is an irrevocable commitment.