Article 1 SCOPE
This Distance Sales Agreement (“Agreement”) means that the following Products or Services ("Product/Products") that the BUYER wishes to purchase by placing an order on the SELLER's www.ghettooflimits.com website (Website), including the applications on his mobile device. ") regulates the rights and obligations of the parties regarding the sale and delivery to the BUYER and other issues. The BUYER has approved this Agreement by clicking on the Website, and the price and expenses of the Products ordered are collected by the payment method he chooses.
Article 2 PARTIES
Trade Name: MEL TEKSTİL SAN. AND ITH. IHR. LTD. STI.
Address : Mahmutbey Mahallesi, İnönü Cad. No:155-157/1 Floor:5 Özyurt Plaza A Blok, 34218 Bağcılar
Phone : 0212 549 5818
E-Mail : [email protected]
Name, Surname, Title
The SELLER and BUYER, whose information is given above, will be collectively referred to as the Parties.
Article 3 SUBJECT AND SCOPE OF THE CONTRACT
This Agreement has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. In this context, the Parties accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts. This Agreement shall not prevent the performance of the provisions in the membership-user agreement and its annexes separately concluded with the SELLER.
Article 4 CONTRACT SUBJECT PRODUCT, PRICE, PAYMENT INFORMATION
The product or product type, quantity, brand/model, color and sales price and delivery information including taxes are as follows:Kind/Type Amount Unit Price Total Sales Value
Payment (Collection) Information;
Payment Method-Means: It will be added to the contract when the order is completed.
Article 5 DELIVERY OF THE CONTRACT PRODUCT OR PRODUCTS, DELIVERY COSTS AND INVOICE INFORMATION
5.1 This Agreement has been approved and entered into force by the BUYER by clicking on the website with a clear declaration of intent. The contract is fulfilled in terms of the SELLER by the delivery of the purchased Products to the BUYER or the person or persons notified. The products will be delivered to the person or persons determined by the BUYER and located or residing at the address specified below.
5.2 The costs related to the delivery of the Products to the above-mentioned address belong to the BUYER. In the event that the SELLER clearly declares on the Website that the delivery/shipping costs will be covered by him or that no shipping fee will be charged, the costs belong to the SELLER. The products are delivered within the promised time after the payment is made according to the stock status of the SELLER. The SELLER delivers the Products within 30 (thirty) days at the latest after the order is placed. Upon notification to be made in written or electronic form within this 30-day period, an additional period of 10 (ten) days may be determined for delivery with the approval of the BUYER.
5.3 The SELLER delivers the Products by sending them with contracted cargo companies. If the cargo company does not have a branch in the place given by the BUYER as the delivery address, the products may need to be received from another close branch of the cargo company. This situation will be notified to the BUYER by the cargo company. The SELLER is not responsible for the delays caused by this situation.
5.4 If the BUYER or the person shown in the delivery information is not at the specified address at the time of delivery of the products, or refrains from receiving the delivery, the SELLER shall be deemed to have fulfilled its obligation regarding the delivery of the goods. In case the Products are not received at the Address, it is the BUYER's responsibility to contact the cargo company and follow up the shipment of the Products and receive them. If the product is to be delivered to a person other than the BUYER, the SELLER cannot be held responsible if this person is not present at the specified address or does not accept the delivery. In these cases, any damages arising from the late delivery of the Products by the BUYER and the expenses that may arise due to the fact that the Product has been waiting in the cargo company and/or the cargo is returned to the SELLER shall belong to the BUYER.
5.5 The BUYER is responsible for checking the Products as soon as they are received, and when detecting a problem, defect, damage or incomplete delivery in each Product, not accepting the Product, keeping a report to the Cargo company official and notifying the SELLER without delay. Otherwise, the SELLER does not accept responsibility for this issue.
Article 6 PAYMENT AND REFUND
6.1 Unless otherwise stipulated by the SELLER, the BUYER must have paid the price in full before receiving the Product. If the total price is not fully paid to the SELLER before the delivery of the Products in cash sales, and the installment amount due in installment sales is not paid, the SELLER may terminate the contract unilaterally and refrain from delivering the Product. If, for any reason, the product or service fee is not paid by the BUYER or the payment is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product or service.
6.2 If, for any reason, following the delivery of the Product, the Bank/financing institution to which the credit card is processed does not pay the Product price to the SELLER or demands a refund of the price paid, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. In case the non-payment of the product price is caused by the BUYER's fault or negligence, the shipping costs will be borne by the BUYER. All other rights of the SELLER, including legal proceedings, regarding the Product price without accepting the return, are reserved.
6.3 BUYER's sales price, credit card, installment card, etc. All possibilities provided by these cards are limited to the credit and/or installment payment opportunities provided by the card issuer. For this reason, product sales for which the SELLER collects the price in whole or gradually are considered cash sales for the parties of this Agreement. The legal rights of the SELLER in cases considered as installment sales are reserved. In case of default of the BUYER, monthly default interest is applied as stipulated by the applicable laws.
6.4 If it is understood that the SELLER will not be able to supply the Products at all or within the promised time, the BUYER may supply another Product of equal quality and price, provided that the BUYER is clearly and properly informed within three (3) days and receives his verbal/written approval. In this case, the commitment subject to the Contract is deemed to have been fulfilled in this way. The BUYER is free to give the said approval, and in cases where he does not give consent, the contractual-legal provisions regarding the cancellation of the order (Contract termination).
6.5 In the event that the BUYER makes the payment for the Products from an ATM device or branch of a Bank, in the form of "deposit to the account" without determining the IBAN number, the IBAN number belonging to him must be correct, to be used in cases where the product price must be returned to the BUYER in accordance with this contract. and completely to the SELLER's customer service address and consents to the return to the IBAN number by the SELLER.
Article 7 RIGHT OF WITHDRAWAL
7.1 BUYER, 7.4. of the Contract. Except for the exceptions specified in the article in accordance with the legislation, he has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 days from the date of delivery of the Products subject to the Contract to him or the person at the address indicated, or from the date of conclusion of the contract. This 14 (fourteen) day period starts from the day the consumer receives the goods in contracts for the sale of goods, and from the day the contract is concluded in other contracts. In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing via the contact information detailed below, provided that he/she has used the Products in accordance with the technical specifications and usage instructions within this period. After the BUYER's notification of withdrawal reaches the SELLER, the SELLER will share the confirmation information regarding the receipt of the notification with the BUYER and return the price of the Products subject to the right of withdrawal within 14 (fourteen) days following the receipt of the notification to the BUYER in accordance with the payment method.
7.2 In the event that the SELLER does not fulfill the above-mentioned obligations, the BUYER is not bound by the 14 (fourteen) day period to use its right of withdrawal. In any case, this period expires one year after the end of the withdrawal period. In case this right is exercised, the products subject to the notice of withdrawal and the original invoice must be returned to the SELLER via the cargo company from which the order was received, without paying the cargo fee.
Address : Mahmutbey Mahallesi, İnönü Cad. No:155-157/1 Floor:5 Özyurt Plaza A Blok, 34218 Bagcilar/Istanbul/Turkey
7.3.1 REFUND. If the product price has been collected, the price is returned to the BUYER within 14 days in case of withdrawal in accordance with the legislation and termination of the contract. The refund is made in accordance with the payment instrument used by the BUYER in the payment of the product price. For credit card payments, the refund is made by way of a refund to the BUYER's credit card. The price of the product is returned to the relevant bank within the same period following the cancellation of the order by the BUYER. The transfer of the amount to the BUYER's accounts after the refund to the bank is made by the SELLER is related to the bank transaction process and the SELLER is not responsible for possible delays. The SELLER's rights of deduction and discount arising from this Agreement and the law for the refunded price are reserved. The BUYER's legal rights are also reserved and available in cases where the Contract is terminated by the BUYER due to the SELLER's failure to perform.
7.3.2 RETURN TO CREDIT CARD PROCEDURE In cases where the BUYER uses his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is given to the BUYER by the decisions of the arbitral tribunal, if the shopping is made with a credit card and in installments, the refund to the credit card The procedure is stated below:
In how many installments the BUYER has bought the product, the Bank makes the repayment to the BUYER in installments. After the SELLER has paid the entire product price to the bank at once, in the event that the installment expenditures made from the Bank's POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the credit card holder's accounts in installments. If the amount of installments paid by the BUYER until the cancellation of the sale does not coincide with the date of return and the account cut-off dates of the card, 1 (one) refund will be reflected on the card each month, and the BUYER will receive an additional month for the installments paid before the refund, after the installments of the sale are over. and will be deducted from existing debts.
7.4 PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Pursuant to Article 15 of the Regulation on Distance Contracts published in the Official Gazette No. 29188 and dated 27/11/2014, the BUYER cannot exercise its right of withdrawal in the following cases.
Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
Contracts for goods prepared in line with the consumer's wishes or personal needs.
Contracts for the delivery of perishable or expired goods.
From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
Contracts for books, digital content and computer consumables offered in material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription contract.
Contracts for accommodation, transportation, car rental, food and beverage supply, and leisure time for entertainment or recreation, which must be made on a certain date or period.
Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer.
Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
Article 8 OTHER PROVISIONS
8.1. The BUYER may notify his/her requests, complaints and suggestions regarding the Product and sale, verbally or in writing, to the SELLER communication channels specified in Article 2 of the Contract.
8.2 The BUYER shall use e-books, software and all kinds of products purchased for use in electronic media including but not limited to, the tools, programs, software and equipment shall be supplied by him/her and the SELLER shall not be liable for any technical deficiencies and malfunctions that may occur, whether it is his own fault or not. accepts and undertakes. All, part of the products purchased by the BUYER and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, subject to derivative works, transferred or sold. While all legal and penal liability that may arise otherwise belongs to the BUYER, the SELLER reserves the right to claim any compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the SELLER by the third party or the competent authorities and authorities.
8.3. Minors and people with restrictions cannot shop from the SELLER.
8.4. Matters not included in this Agreement are included in the Preliminary Information and sales stages or information pages/sections seen/approved by the BUYER on the Website. Since this Agreement has been sent and/or permanently notified in electronic environment to the e-mail address notified to the BUYER, the aforementioned Information and this Agreement can be reached at any time in the electronic environment.
8.5. SELLER records (including records in magnetic media such as computer-sound recordings) constitute evidence in resolving any disputes that may arise regarding this Agreement; The rights of the parties arising from the legal regulations in this regard are valid and reserved.
8.6 Consumer Problems Arbitration Committees and Consumer Courts at the location of the BUYER or SELLER are authorized, within the monetary limits announced by the Ministry of Customs and Trade in December every year, in disputes that may arise from the implementation of this distance sales contract.