DISTANCE SALES CONTRACT
SHOPPING AGREEMENT TERMS OF USE and SALE AGREEMENT
PARTIES
SELLER: Maa Althahab
Title: Maison De Maa Cosmetics Industry and Foreign Trade Limited Company
Address: Başak Mah. Yunus Emre Cad. BaşakPazar No:17 Başakşehir/İstanbul
Phone: 0212 488 68 30
E-mail: info@maa-althahab.com
Tax Identification Number: 6090508296
BUYER:
Name/Surname/Title:
Address:
Phone:
E-mail:
The address and contact information of the person who is a member of www.maa-althahab.com as a customer (`BUYER`) is provided when registering to the site.
BUYER accepts that Maa Althahab products are sold on the website called maa-althahab.com.
Subject
The subject of this contract covers 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 Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188 regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, sold by the SELLER to the BUYER.
PRODUCT INFORMATION SUBJECT TO THE CONTRACT
It consists of the type, quantity, model, color, number, sales price, payment method of the product, information at the time the order is finalized
GENERAL CONDITIONS
4.1. BUYER declares that he/she has read and is informed about the basic characteristics, sales price and payment method of the product or products subject to the contract and all information regarding the delivery and has given the necessary confirmation electronically.
4.2. The product or products subject to the contract shall be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 7-day period for each product.
4.3. Delivery costs are not included in the product price. The product shipping costs shall be paid separately by the BUYER. The SELLER shall send the product by using its best commercial efforts through a suitable carrier and shipping. The cargo/courier fee shall be stated separately to the BUYER during the order.
4.4. The SELLER may change the products and prices offered on its website due to, but not limited to, changes in market conditions, discontinuation of product sales, product shortage, changes in the manufacturer's prices or inaccuracies in its advertisements. Although the lists for all products are updated every day, some of the products ordered may be out of stock in the SELLER's stocks. In such cases, the BUYER is informed by e-mail by the relevant departments of the SELLER and a refund is created to the credit card for the product price.
4.5. If the contractual product 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 is made not accepting the delivery, the BUYER cannot exercise the right of withdrawal for this reason, and cannot request a refund. In this case, the delivery will be made to the BUYER's address.
4.6. In accordance with the Regulation, it is not possible to return the products prepared in accordance with the BUYER's requests or clearly in line with his/her personal needs, which are not suitable for return due to their nature, underwear bottoms, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are in danger of deterioration or whose expiration date may have passed, and sound or image recordings, software programs and computer consumables that have been opened by the BUYER. Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon etc.) can be returned if their packaging is unopened, untested, undamaged and unused.
4.7. SELLER is responsible for the delivery of the contractual product in a sound, complete manner and in accordance with the specifications specified in the order.
4.8. For the delivery of the contractual product, it is required that the signed copy of the contract be delivered to SELLER electronically and the price be paid using the payment method preferred by BUYER. If the product price is not paid for any reason or is cancelled in the bank records, SELLER is deemed to be relieved of its obligation to deliver the product.
4.9. If the relevant bank or financial institution does not pay the product price to SELLER due to the unfair or illegal use of BUYER's credit card by unauthorized persons not resulting from BUYER's fault after the delivery of the product, BUYER will be obliged to pay the relevant price to SELLER immediately.
4.10. Situations that do not exist and are not foreseen at the time the contract is established, that develop beyond the control of the SELLER, and that make it impossible for the SELLER to fulfill its obligations and responsibilities undertaken under the contract partially or completely on time, will be considered as force majeure (natural disaster, war, terror, riot, provisions of legislation, seizure or strike, lockout, significant malfunction in production and communication facilities...). In the event of force majeure, the SELLER will notify the BUYER of the situation immediately and in writing, if the force majeure situation allows. During the continuation of the force majeure, the SELLER shall notify the BUYER of the situation immediately and in writing.
4.11. During the delivery of the product from the carrier to the BUYER, the BUYER must inspect the product. In the event of a visible defect in the product, the product must not be accepted and must be sent to the SELLER.
4.12. According to Law No. 4077, goods that are contrary to the quality or quantity affecting the quality stated on their packaging, label, promotional guide or advertisements and announcements or reported by the SELLER or determined in their standards or that contain material, legal or economic deficiencies that reduce or eliminate their value or the benefits expected from them by the consumer in terms of allocation or usage purpose are considered defective goods. The BUYER is obliged to notify the SELLER of the defect at the time of delivery of the goods and to refrain from accepting them. In this case, the BUYER has the right to withdraw from the contract, including the refund of the price, or to request the replacement of the goods with a defect-free equivalent.
4.13. The parties have agreed that the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services or where he/she resides shall have jurisdiction up to the value declared by the Ministry arising from the implementation and interpretation of the Agreement.
RIGHT OF WITHDRAWAL
5.1. BUYER; in distance contracts regarding the sale of goods, although it is legally 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, as a company principle, he/she may exercise his/her right of withdrawal from the contract by rejecting the goods without giving any reason within 15 (fifteen) days. In distance contracts regarding the provision of services, this period starts from the date the contract is signed. The BUYER must notify the SELLER within this period that he/she has exercised his/her right of withdrawal. The SELLER's business days are weekdays except Saturday and Sunday, and the BUYER may exercise his/her right of withdrawal between 09:00-17:00 on the said days. The BUYER may notify the SELLER of the withdrawal request and all other objections and complaints in writing to the SELLER's address specified above or by phone or e-mail to www.maa-althahab.com or by calling 0212 488 68 30. Before accepting the distance contract or any offer corresponding to it, the BUYER is informed by the seller or provider in a clear and understandable manner on the issues specified in the regulation and that he/she will be under a payment obligation if he/she approves the order, and the BUYER accepts in advance that he/she has been informed. The right of withdrawal cannot be used in service contracts where the service is started with the consumer's approval before the end of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER.
5.2. In order to use the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax or e-mail within 15 (fifteen) days and the product must be delivered to the SELLER within 4.6. It is required that it has not been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot Be Used" regulated under the article title. 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 on behalf 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 boxes, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 (fourteen) days at the latest from the receipt of the notice of withdrawal and to take the goods back within 10 (ten) days.
e) If the value of the goods decreases due to a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to his fault.
f) If the campaign limit amount set by the SELLER is dropped due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used for products that cannot be returned due to their nature, single-use products, and products whose expiration date has passed. The use of the right of withdrawal for the following products is subject to the condition that the packaging of the product is unopened, intact and unused.
All kinds of cosmetic products
Perfume etc.
Ambient Scents etc.
Vehicle Scents etc.
PARTIES
SELLER: Maa Althahab
Title: Maison De Maa Cosmetics Industry and Foreign Trade Limited Company
Address: Başak Mah. Yunus Emre Cad. BaşakPazar No:17 Başakşehir/İstanbul
Phone: 0212 488 68 30
E-mail: info@maa-althahab.com
Tax Identification Number: 6090508296
BUYER:
Name/Surname/Title:
Address:
Phone:
E-mail:
The address and contact information of the person who is a member of www.maa-althahab.com as a customer (`BUYER`) is provided when registering to the site.
BUYER accepts that Maa Althahab products are sold on the website called maa-althahab.com.
Subject
The subject of this contract covers 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 Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188 regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, sold by the SELLER to the BUYER.
PRODUCT INFORMATION SUBJECT TO THE CONTRACT
It consists of the type, quantity, model, color, number, sales price, payment method of the product, information at the time the order is finalized
GENERAL CONDITIONS
4.1. BUYER declares that he/she has read and is informed about the basic characteristics, sales price and payment method of the product or products subject to the contract and all information regarding the delivery and has given the necessary confirmation electronically.
4.2. The product or products subject to the contract shall be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 7-day period for each product.
4.3. Delivery costs are not included in the product price. The product shipping costs shall be paid separately by the BUYER. The SELLER shall send the product by using its best commercial efforts through a suitable carrier and shipping. The cargo/courier fee shall be stated separately to the BUYER during the order.
4.4. The SELLER may change the products and prices offered on its website due to, but not limited to, changes in market conditions, discontinuation of product sales, product shortage, changes in the manufacturer's prices or inaccuracies in its advertisements. Although the lists for all products are updated every day, some of the products ordered may be out of stock in the SELLER's stocks. In such cases, the BUYER is informed by e-mail by the relevant departments of the SELLER and a refund is created to the credit card for the product price.
4.5. If the contractual product 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 is made not accepting the delivery, the BUYER cannot exercise the right of withdrawal for this reason, and cannot request a refund. In this case, the delivery will be made to the BUYER's address.
4.6. In accordance with the Regulation, it is not possible to return the products prepared in accordance with the BUYER's requests or clearly in line with his/her personal needs, which are not suitable for return due to their nature, underwear bottoms, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are in danger of deterioration or whose expiration date may have passed, and sound or image recordings, software programs and computer consumables that have been opened by the BUYER. Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon etc.) can be returned if their packaging is unopened, untested, undamaged and unused.
4.7. SELLER is responsible for the delivery of the contractual product in a sound, complete manner and in accordance with the specifications specified in the order.
4.8. For the delivery of the contractual product, it is required that the signed copy of the contract be delivered to SELLER electronically and the price be paid using the payment method preferred by BUYER. If the product price is not paid for any reason or is cancelled in the bank records, SELLER is deemed to be relieved of its obligation to deliver the product.
4.9. If the relevant bank or financial institution does not pay the product price to SELLER due to the unfair or illegal use of BUYER's credit card by unauthorized persons not resulting from BUYER's fault after the delivery of the product, BUYER will be obliged to pay the relevant price to SELLER immediately.
4.10. Situations that do not exist and are not foreseen at the time the contract is established, that develop beyond the control of the SELLER, and that make it impossible for the SELLER to fulfill its obligations and responsibilities undertaken under the contract partially or completely on time, will be considered as force majeure (natural disaster, war, terror, riot, provisions of legislation, seizure or strike, lockout, significant malfunction in production and communication facilities...). In the event of force majeure, the SELLER will notify the BUYER of the situation immediately and in writing, if the force majeure situation allows. During the continuation of the force majeure, the SELLER shall notify the BUYER of the situation immediately and in writing.
4.11. During the delivery of the product from the carrier to the BUYER, the BUYER must inspect the product. In the event of a visible defect in the product, the product must not be accepted and must be sent to the SELLER.
4.12. According to Law No. 4077, goods that are contrary to the quality or quantity affecting the quality stated on their packaging, label, promotional guide or advertisements and announcements or reported by the SELLER or determined in their standards or that contain material, legal or economic deficiencies that reduce or eliminate their value or the benefits expected from them by the consumer in terms of allocation or usage purpose are considered defective goods. The BUYER is obliged to notify the SELLER of the defect at the time of delivery of the goods and to refrain from accepting them. In this case, the BUYER has the right to withdraw from the contract, including the refund of the price, or to request the replacement of the goods with a defect-free equivalent.
4.13. The parties have agreed that the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services or where he/she resides shall have jurisdiction up to the value declared by the Ministry arising from the implementation and interpretation of the Agreement.
RIGHT OF WITHDRAWAL
5.1. BUYER; in distance contracts regarding the sale of goods, although it is legally 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, as a company principle, he/she may exercise his/her right of withdrawal from the contract by rejecting the goods without giving any reason within 15 (fifteen) days. In distance contracts regarding the provision of services, this period starts from the date the contract is signed. The BUYER must notify the SELLER within this period that he/she has exercised his/her right of withdrawal. The SELLER's business days are weekdays except Saturday and Sunday, and the BUYER may exercise his/her right of withdrawal between 09:00-17:00 on the said days. The BUYER may notify the SELLER of the withdrawal request and all other objections and complaints in writing to the SELLER's address specified above or by phone or e-mail to www.maa-althahab.com or by calling 0212 488 68 30. Before accepting the distance contract or any offer corresponding to it, the BUYER is informed by the seller or provider in a clear and understandable manner on the issues specified in the regulation and that he/she will be under a payment obligation if he/she approves the order, and the BUYER accepts in advance that he/she has been informed. The right of withdrawal cannot be used in service contracts where the service is started with the consumer's approval before the end of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER.
5.2. In order to use the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax or e-mail within 15 (fifteen) days and the product must be delivered to the SELLER within 4.6. It is required that it has not been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot Be Used" regulated under the article title. 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 on behalf 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 boxes, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 (fourteen) days at the latest from the receipt of the notice of withdrawal and to take the goods back within 10 (ten) days.
e) If the value of the goods decreases due to a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to his fault.
f) If the campaign limit amount set by the SELLER is dropped due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used for products that cannot be returned due to their nature, single-use products, and products whose expiration date has passed. The use of the right of withdrawal for the following products is subject to the condition that the packaging of the product is unopened, intact and unused.
All kinds of cosmetic products
Perfume etc.
Ambient Scents etc.
Vehicle Scents etc.