WARNING: Pursuant to the relevant legislation, please read the following agreement text after you print it in type size 12 and in bold letters. At the same time, each and every customer who becomes a member of our website and who does shopping on our website is considered to have read and accepted all of the articles of the below given agreement without any need for further notification!
MONEMEL MODA AKSESUAR GİYİM VE TİCARET ŞİRKETİ DISTANT SALES AGREEMENT
This agreement is arranged and issued based on the obligation of making agreements in the event of distant sales realized on an internet setting pursuant to the Regulation of Distant Sales Agreements Implementation Procedures and Guidelines which was published in the Official Gazette dated 13.06.2003 and numbered 25137. And the articles of the agreement are as follows.
ARTICLE 1 - SUBJECT
The subject of this agreement includes the rights and obligations of the parties for the sales and deliveries of the products which are sold by the SELLER to the BUYER and whose qualities and sales price are indicated here below pursuant to the Regulation about Distant Sales Agreements Implementation Procedures and Guidelines in the law of Consumer Protection with enactment number 4077.
ARTICLE 2.1 – INFORMATION ABOUT THE SELLER
Title : MONEMEL MODA AKSESUAR GİYİM VE TİCARET ŞİRKETİ
Address : Dikilitaş Mahallesi, Yenidoğan Sokak No:33 D:1 Beşiktaş/İstanbul
Telephone: 0850 749 9700
e-mail : email@example.com
ARTICLE 2.2 – INFORMATION ABOUT THE BUYER
A person who is a member of the shopping website www.monemel.com.
When a person becomes a member, the address and contact information are taken as the basis.
ARTICLE 3 – INFORMATION ABOUT THE PRODUCT WHICH IS THE SUBJECT OF THIS AGREEMENT
The information about the product is made up of the sort, amount, brand-name/model, color, quantity, sales price, terms of payment, and information at the moment of the finalization of the order.
ARTICLE 4 - GENERAL PROVISIONS
4.1- The BUYER declares that he/she has read all of the preliminary information about the basic qualities and properties, sales price, and terms of payment, and delivery of the product(s), and that he/she has given his/her required confirmation in the electronic setting.
4.2 – The product or products which is/are the subject(s) of this agreement is/are delivered to the BUYER or to a person/entity at the address within the time period depending on the distance of the delivery place on the condition that this delivery period should not exceed the legal period of 30 days. This time period can be extended for 10 days at most on the condition that the BUYER be given information beforehand.
4.3 – If the product which is the subject of the agreement is to be delivered to some other person/entity, Monemel Moda Aksesuar Giyim Ticaret Şirketi cannot be held responsible for the rejection of receiving the product.
4.4 - Monemel Moda Aksesuar Giyim Ticaret Şirketi is responsible for the delivery of the product which is the subject of this agreement in full and in compliance with the properties and qualities indicated in the order.
4.5 – For the delivery of the product it is obligatory that the signed copy of this agreement reach Monemel Moda Aksesuar Giyim Ticaret Şirketi and its price be paid in the manner and way preferred by the BUYER. If the price of the product is not paid for any reason or cancelled in the bank records, Monemel Moda Aksesuar Giyim Ticaret Şirketi shall be held harmless for not delivering the product.
4.6- In the event that, after the delivery of the product, the relevant bank do not pay Monemel Moda Aksesuar Giyim Ticaret Şirketi for the price of the product due to the fact that the credit card belonging to the BUYER is used by unauthorized person(s) unjustly and illegally under any circumstances which are not the fault of the BUYER, the product must be sent to Monemel Moda Aksesuar Giyim Ticaret Şirketi within 3 days on the condition that the product has been delivered to the BUYER. In such a case the transportation cost shall be covered by the BUYER.
4.7- If Monemel Moda Aksesuar Giyim Ticaret Şirketi cannot deliver the product which is the subject of this agreement due to force major or due to adverse weather conditions which hinder the transportation, then the company is obliged to inform the BUYER about the situation. In this case, the BUYER may prefer the cancellation of the order or request that the product be changed with an equivalent product or request that the delivery time be postponed till the end of the hinderance. In the event that the BUYER cancels the order, the price that he has paid is returned to him/her within 15 work days in cash and in a single sum.
4.8- Those products that are sold with a certificate of guarantee and that have faults are sent to Monemel Moda Aksesuar Giyim Ticaret Şirketi so that the required repair can be performed during the guarantee (warranty) period. In such a case the cargo expenses will be covered by Monemel Moda Aksesuar Giyim Ticaret Şirketi.
4.9- This agreement shall be valid after it is signed by the BUYER and sent to Monemel Moda Aksesuar Giyim Ticaret Şirketi by fax or by mail (post).
ARTICLE 5 – THE RIGHT OF WITHDRAWAL
The BUYER has the right to give up within (7) days of the delivery of the product which is the subject of this agreement to himself/herself or to a person/entity at the address that he has given beforehand. In order that the right of withdrawal can be used it is necessary that Monemel Moda Aksesuar Giyim Ticaret Şirketi be notified by mail or telephone within the subject period and that the product shouldn’t be used within the framework of the terms and conditions of the relevant article. In the event that this right is used, it is obligatory that the courier receipt showing that the product delivered to a third party or to the BUYER has been sent back to Monemel Moda Aksesuar Giyim Ticaret Şirketi and the original copy of the invoice be returned. Within the 15 day period following the arrival of these documents, the price of the product is returned to the BUYER. If the original copy of the invoice is not sent back, then the VAT and other legal payments, if any, are not returned. The cargo (courier) charges of the product returned for the right of withdrawal is covered by the BUYER.
The right of withdrawal cannot be used for those products which cannot be returned due to their nature, for disposable products that are used for only one time, software and programs that can be copied, and for products that can deteriorate quickly and the final consumption date of which has passed. In order that the right of withdrawal can be used for all sorts of software and programs, DVD’s, VCD’s, CD’s, and cassettes, batteries, consumables (toners, cartridges, tapes), the package of the product must not be opened, and the product must not be used.
In addition, the consumer cannot use the right of withdrawal for products which are manufactured in accordance with the special requests of the consumer and which are made special and private by making alterations on it.
In the event that the payment has been made by credit cards or a similar instrument the consumer may request that the payment be cancelled if the credit card is used illegally and without his or her own will. In such a case, the entity issuing the card returns the paid amount to the consumer within 15 days after the objection is notified to it.
In the application of this agreement the Consumer Arbitration Boards and the Consumer Courts where Monemel Moda Aksesuar Giyim Ticaret Şirketi is located are authorized up to the value declared and announced by the Ministry of Commerce and Industry. In the event of the finalization of the order, the BUYER shall be considered to have accepted all of the provisions of this agreement.