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Distance Selling Agreement

1. PARTIES
This Agreement has been signed between {{customer_fullname}} residing at {{customer_address}} (hereinafter referred to as "BUYER" in the agreement) and {{company_name}} residing at {{company_address}} (hereinafter referred to as "SELLER" in the Agreement) within the framework of the terms and conditions specified below.

2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection,
REGULATION: Regulation on Distance Contracts,
SERVICE: The subject of all kinds of consumer transactions other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A natural or legal person who offers goods to consumers for commercial or professional purposes, including public legal entities, or who acts on behalf of or on account of the offeror,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website www.mamaiste.com.tr belonging to the SELLER,
ORDER PLACER: A natural or legal person who requests a good or service through the website www.mamaiste.com.tr belonging to the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable property, products, residential or holiday real estate subject to shopping, and all kinds of intangible goods such as software, sound, image and similar prepared for use in electronic environment.

3. SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts dated 06.03.2011 regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER ordered electronically through the SELLER's website.
The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.
By accepting this distance sales agreement, the BUYER accepts in advance that if he/she confirms the order subject to the agreement, he/she is obliged to pay the order price and additional fees such as shipping fee and tax, if any, and that he/she has been informed about this.

4. SELLER INFORMATION
Title: {{company_name}}
Address: {{company_address}}
Phone: {{company_phone}}
Email address: {{company_email}}

5. BUYER INFORMATION
Person to be Delivered: {{delivery_fullname}}
Delivery Address: {{delivery_address}}
Phone: {{delivery_phone}}
E-mail/Username: {{customer_email}}

6. ORDER PLACER INFORMATION (Hereinafter referred to as ORDER PLACER.)
Name/Surname/Title: {{customer_fullname}}
Address: {{customer_address}}
Phone: {{customer_phone}}
E-mail/Username: {{customer_email}}

7. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
7.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Product/Products/Service are available on the SELLER's website. You can review the basic features of the product during the campaign period. Valid until the campaign date.
7.2. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.
7.3. The sales price including all taxes of the goods or service subject to the contract is shown in the table below.
Product Description | Quantity | Cash Price | Subtotal (VAT Included)
{{cart_items}}
Shipping Amount: {{cargo_price}} TL
Total: {{$total_price}} TL
Payment Method: {{payment_type}}
Delivery Address: {{delivery_address}}
Person to be Delivered: {{delivery_fullname}}
Billing Address: {{billing_address}}
Order Date: {{order_date}}
Delivery Method: Delivery to Address

8. GENERAL PROVISIONS
8.1. The BUYER accepts, declares and undertakes that he/she has read and been informed of the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the product subject to the agreement on the SELLER's website, and has given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that by confirming the Preliminary Information electronically, before the distance sales agreement is established, he/she has accurately and completely obtained the address that must be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, and payment and delivery information.
8.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 15 days. If the performance is not fulfilled within this period, the consumer may terminate the contract.
8.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement completely, in accordance with the characteristics specified in the order, and with warranty documents, if any, user manuals, information and documents required by the job, free from all kinds of defects, sound according to legal legislation requirements, in accordance with standards, to perform the work within the principles of accuracy and honesty, to maintain and improve service quality, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.
8.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit consent before the period of the performance obligation arising from the contract expires.
8.5. If the SELLER cannot fulfill its contractual obligations if the fulfillment of the ordered product or service becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer before the period of the performance obligation arising from the contract expires and will refund the total amount to the BUYER within 10 days.
8.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the product price is not paid for any reason and/or canceled in bank records, the SELLER's obligation to deliver the product subject to the agreement will end.
8.7. The BUYER accepts, declares and undertakes that if the credit card belonging to the BUYER is used unlawfully by unauthorized persons after the delivery of the product subject to the Agreement to the BUYER or the person and/or organization at the address indicated by the BUYER, and the price of the product subject to the agreement is not paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product subject to the Agreement to the SELLER within 3 days with the transportation cost belonging to the SELLER.
8.8. If the SELLER cannot deliver the product subject to the contract on time due to force majeure events such as the occurrence of situations that develop outside the will of the parties, cannot be foreseen in advance, and prevent and/or delay the parties from fulfilling their debts, the SELLER accepts, declares and undertakes that it will inform the BUYER of the situation. The BUYER also has the right to request from the SELLER the cancellation of the order, replacement of the product subject to the contract with its equivalent, if any, and/or postponement of the delivery period until the preventive situation is eliminated. In case the order is canceled by the BUYER, the product amount is paid to him/her in cash and in full within 10 days for payments made by the BUYER in cash. For payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 7 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average period for the amount refunded to the credit card by the SELLER to be reflected to the BUYER's account by the bank may reach 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after its return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
8.9. The SELLER has the right to reach the BUYER through the address, e-mail address, landline and mobile phone lines and other communication information specified in the registration form on the site by the BUYER or later updated by him/her, by letter, e-mail, SMS, phone call and other means for communication, marketing, notification and other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities specified above towards him/her.
8.10. The BUYER will inspect the goods/service subject to the contract before receiving delivery; he/she will not receive damaged and defective goods/services such as bruised, broken, torn packaging, etc. from the cargo company. The goods/service received will be deemed to be undamaged and sound. The obligation to carefully protect the goods/service after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/service should not be used. The invoice must be returned.
8.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security breach related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request from the BUYER to present identity and contact information related to the credit card holder, the statement of the previous month of the credit card used in the order, or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen during the time it takes for the BUYER to provide the requested information/documents, and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
8.12. The BUYER declares and undertakes that the personal and other information given when becoming a member of the SELLER's website is true, and that he/she will immediately compensate all damages that the SELLER will suffer due to the inaccuracy of this information, in cash and in full, upon the SELLER's first notification.
8.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal obligations that will arise will bind the BUYER completely and exclusively.
8.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, is disturbing and harassing to others, for a purpose contrary to the laws, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
8.15. Through the SELLER's website, links may be given to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by other third parties. These links are placed to provide convenience of redirection to the BUYER and do not support any website or the person operating that site, and do not carry any guarantee for the information contained in the linked website.
8.16. A member who violates one or more of the articles listed in this membership agreement is personally responsible criminally and legally due to this violation and will keep the SELLER free from the legal and criminal consequences of these violations. In addition; due to this violation, if the matter is transferred to the legal field, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

9. INVOICE INFORMATION
Name/Surname/Title: {{billing_fullname}}
Address: {{billing_address}}
Phone: {{billing_fullname}}
Email/Username: {{customer_email}}
Invoice Delivery: The invoice will be delivered to the delivery address together with the order during order delivery.

10. RIGHT OF WITHDRAWAL
10.1. In distance contracts related to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods without showing any reason within 15 (fifteen) days from the date of delivery of the product to him/her or to the person/organization at the address he/she indicated. In distance contracts related to service provision, this period starts from the date the contract is signed. The notification that the right of withdrawal has been exercised must have been directed to the SELLER within this period. The BUYER is informed clearly and comprehensibly by the seller or provider about the matters determined in the regulation before accepting the distance contract or any offer corresponding to it and that he/she will be under the obligation to pay if he/she confirms 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 performance of the service has been started with the consumer's consent before the right of withdrawal period expires. The costs arising from the use of the right of withdrawal belong to the SELLER.
10.2. To exercise the right of withdrawal, written notification must be made to the SELLER by registered mail with return receipt, fax or e-mail within 15 (fifteen) days, and the product must not have been used within the framework of the provisions of "Products for Which the Right of Withdrawal Cannot Be Used" organized under article 11. If this right is exercised,
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. Order returns whose invoices are issued in the name of corporations will not be completed if a RETURN INVOICE is not issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total amount and the documents that put the BUYER under debt to the BUYER within a period of at most 10 days from the receipt of the withdrawal notification and to receive the goods back within a period of 20 days.
e) If there is a decrease in the value of the goods 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 in proportion to the fault.
f) If the campaign limit amount organized by the SELLER falls below due to the use of the right of withdrawal, the discount amount benefited within the scope of the campaign is canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return products prepared according to the BUYER's requests or clearly in line with his/her personal needs, which are not suitable for return by nature, single-use products, goods that are in danger of spoiling quickly or whose expiration date may pass, opened pet food or feed packages, and audio or video recordings, magazines, newspapers, all kinds of printed publications or software programs if the packaging has been opened by the BUYER.
Dry food, canned food, all kinds of toys and accessories, vitamins and nutritional supplements, etc. can be returned if their packaging has not been opened, tried, spoiled, or used.

12. DEFAULT STATUS AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that in case of default in transactions made with a credit card, he/she will pay interest within the framework of the credit card agreement made with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal means; may request the expenses and attorney's fees to be incurred from the BUYER, and in any case, in case the BUYER defaults on his/her debt, the BUYER accepts, declares and undertakes that he/she will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT
13.1. The parties have agreed that the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or service and where his/her residence is located will be authorized up to the value announced by the Ministry arising from the application and interpretation of the Agreement.
13.2. The SELLER may apply to the consumer problems arbitration committee or consumer court in the place where the goods or services were purchased or where his/her residence is located, within the monetary limits determined by the Ministry, regarding complaints and objections. Information regarding the monetary limit is as follows:
Effective from 28/05/2014:
For disputes with a value below 2,000.00 TL (Two Thousand Turkish Lira), application to District Consumer Arbitration Committees is mandatory, for disputes below 3,000.00 TL (Three Thousand Turkish Lira), application to Provincial Consumer Arbitration Committees is mandatory, and in provinces with metropolitan status, for disputes between 2,000.00 TL - 3,000.00 TL (Two Thousand Turkish Lira and Three Thousand Turkish Lira), application to Provincial Consumer Arbitration Committees is mandatory. Application to Consumer Arbitration Committees cannot be made for disputes above these values.
This Agreement is made for commercial purposes.

14. ENTRY INTO FORCE
In case of payment for the order placed through the site, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements on the site to ensure that the order cannot be placed without obtaining confirmation that the Agreement in question has been read and accepted by the BUYER.
SELLER: {{company_name}}
BUYER: {{customer_fullname}}
DATE: {{order_date}}
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