Distance Sales Contract

Distance Sales Contract
ARTICLE 1 PARTIES

 

This contract shall be concluded between the SELLER, whose information is given below, and the persons who access the website by entering personal information such as name, surname, username or e-mail address and the password determined by him on the website www.maxieclair.com or who complete the shopping by entering personal information such as name, surname, address, telephone information required for credit card information and invoice, by reading and checking the box on the shopping page before completing the shopping.

 

SELLER

VENDOR INFO:

Title : Harun Genc (hereinafter referred to as "SELLER")

Address : Georgia, Tbilisi, Samgori district, police lane I, N5, floor
2, N4a 

Telephone : +995 555 34 13 80

E-mail address : info@maxieclair.com

 

ARTICLE 2 - 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 the Protection of the Consumer and the Distance Contracts Regulation in relation to the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically from the www.maxieclair.com Website of the SELLER.

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ARTICLE 3 - RIGHT OF WITHDRAWAL

3.1 The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the Contract to him or the person / organization at the address indicated by him, without having to show any reason.

3.2 In order to exercise the right of withdrawal, the SELLER must be notified by fax, telephone or electronic mail within 14 days and the packaging and content of the product must not be damaged during the routine use of the product within the framework of the provisions of Article 6 and in accordance with the preliminary information published on the www.maxieclair.com Website, which is an integral part of this Agreement and can be offered for resale by the SELLER.

3.3 In case this right is exercised,

The invoice of the product delivered to the third 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 invoice is issued on behalf of institutions will not be completed unless the RETURN INVOICE is issued.
Return form,
The products to be returned must be delivered complete and undamaged together with the box, packaging, standard accessories, if any.
3.4 Within 14 days following the receipt of these documents to the SELLER, the product price is returned to the BUYER and the product is taken back by the SELLER within 14 days.

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3.5 Provided that the right of withdrawal is exercised by the BUYER within the period and in accordance with the procedure, the shipping cost of the product subject to return shall be borne by the SELLER.

3.6 When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned, and if the invoice is not sent to the SELLER with the product, VAT and other legal obligations, if any, cannot be returned to the BUYER. On the invoice to be returned with the product, the phrase "return invoice" shall be written and signed by the BUYER.

 

ARTICLE 4 - GENERAL PROVISIONS

4.1 The BUYER declares that he / she has read the preliminary information regarding the basic qualities of the product subject to the Contract on the www.maxieclair.com Website, the sales price including all taxes and the payment method, the delivery and its costs to be borne by the BUYER, the period of delivery, and the full trade name, open address and contact information of the SELLER and that he / she has accurate and complete information and gives the necessary confirmation electronically. The preliminary information form on the payment page on the www.maxieclair.com Website and the invoice for the sale are integral parts of this Agreement.

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4.2 The product subject to the contract is delivered to the BUYER or the person / organization at the address indicated by the BUYER within the period described in the preliminary information on the Website, depending on the distance of the BUYER's settlement for each product, provided that it does not exceed 30 days. If the seller does not fulfill its performance within this period, the consumer may terminate the contract.

4.3 Any cargo fee for product delivery shall be borne by the BUYER. If the SELLER has declared on its website that the delivery fee will be covered by those who shop above the announced figure or in some campaigns, the delivery cost is covered by the SELLER.

4.4 Delivery shall be made as soon as possible after the stock is available and the cost of the goods is transferred to the SELLER's account.

4.5 Unless otherwise stipulated, the product subject to the contract must be fully paid for before it is received by the BUYER.

4.6 If the product subject to the contract is not found at the delivery address specified by the BUYER and the delivery is not accepted by the persons at the address, the SELLER shall be deemed to have fulfilled its performance. In the event that there is no one who can take delivery at the address specified by the BUYER, the follow-up regarding the delivery of the product in question belongs to the BUYER and the SELLER cannot be held responsible for this.

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4.7 If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.

4.8 The SELLER cannot be held responsible for the failure of the ordered product to be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

4.9 The BUYER is obliged to make all necessary checks at the time of receiving the product from the cargo company. In case of any problem arising from the delivery stage, it is obliged not to accept the product and to keep a report to the official of the cargo company.

4.10 The SELLER is responsible for delivering the product subject to the Contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

4.11 The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the Contract, provided that it is based on a justified reason.

4.12 In the event that the SELLER fails to fulfill its obligations under the contract with the impossibility of fulfilling the product or service subject to the order, it notifies the BUYER within three (3) days from the date it learns of this situation and may supply the BUYER with a different product of equal quality and price, as well as return all payments collected to the BUYER within fourteen (14) days at the latest from the date of this notification.

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4.13 For the delivery of the product subject to the contract, the signed copy of this Agreement must be delivered to the SELLER and the price must be paid with the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the product.

4.14 After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card of the BUYER by unauthorized persons in a way that is not caused by the BUYER's fault, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, transportation expenses belong to the BUYER.

4.15 If the SELLER cannot deliver the product subject to the Contract within the period due to force majeure or extraordinary circumstances such as weather opposition that prevents transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the Contract with a precedent, if any, and / or to postpone the delivery time until the preventive situation disappears. If the BUYER cancels the order, the amount paid by the BUYER shall be paid to him in cash and in lump sum within fourteen (14) days.

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For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within fourteen (14) days after the order is canceled by the BUYER. The reflection of this amount to the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process and it is not possible for the SELLER to intervene in any way regarding this issue.

If the BUYER has paid the SELLER to purchase the product subject to the contract using the reward points of the BUYER; Unless otherwise agreed, it can be returned as points during the same period.

If the BUYER has earned reward points, gifts, etc. (anything of monetary value) from the product purchased by the BUYER; Unless otherwise agreed, it is taken back from the BUYER.

In the event that unfair use of reward points or earning of reward points is detected, the monetary amount of these reward points may be collected by the SELLER from the BUYER.

4.16 All records (computer, voice recordings, etc.) kept by the SELLER shall constitute evidence in resolving the dispute arising from this contract.

 

ARTICLE 5 - PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL

5.1 In terms of its nature; disposable products, goods prepared in line with special requests or personal needs, goods whose price changes due to economic fluctuations in the markets independent of the SELLER, copyable software and programs, products that deteriorate quickly or are likely to expire are not accepted for return.

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5.2 The following products may be returned provided that the packaging of the product is unopened, intact and the product has not been used or tested

All kinds of cosmetics
Underwear products
All kinds of personal care products

ARTICLE 6 - DEFAULT OF THE DEBTOR

In case the BUYER defaults, the BUYER agrees to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER shall not be obliged to meet any damage and loss claim.

 

ARTICLE 7 - LEGAL REMEDY OF THE PARTIES

In the implementation of this Agreement, the BUYER may apply for complaints and objections to the Provincial and District Arbitration Committees and Consumer Courts in the place where the consumer purchases the goods or services or where the consumer resides within the monetary limits determined by the Ministry of Customs and Trade in December each year. Other legal rights of the parties are reserved.

 

ARTICLE 8 - RIGHTS OF THE CONSUMER

Defective Goods
1.1 Goods that are contrary to the quality or quantity affecting the quality or quality determined in the packaging, label, introduction and user manual or advertisements and announcements or notified by the seller or in the standard or technical regulation, or that contain material, legal or economic deficiencies that reduce or eliminate its value in terms of its allocation or intended use or the benefits that the consumer expects from it, are considered defective goods.

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1.2 In this case, the consumer has the right to withdraw from the contract including a refund, to replace the product with a defect-free product, or to request a price reduction or free repair in proportion to the defect. The seller is obliged to fulfill this request of the consumer. In addition to one of these optional rights, the consumer also has the right to demand compensation from the manufacturer-producer in cases where the defective product causes death and/or injury and/or causes damage to other goods in use.

1.3 If those who are held responsible for the defect by this article have not assumed responsibility for the defect for a longer period of time, liability for defective goods is subject to a statute of limitations of two (2) years from the date of delivery of the goods to the consumer, even if the defect appeared later. Claims due to any damages caused by defective goods are subject to a three (3) year statute of limitations. These claims disappear after ten (10) years, starting from the day the product that caused the damage was placed on the market. However, if the defect of the goods sold is hidden from the consumer by the seller's gross negligence or fraud, the limitation period cannot be used.

1.4 Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.

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1.5 It is mandatory for the manufacturer or seller to place a label containing the phrase "disabled" on the defective goods to be sold or on its packaging, in a way that the consumer can easily read. There is no obligation to place this label in places where only defective goods are sold or where a section, such as a floor or a section, is permanently allocated to the sale of defective goods in a way that the consumer can know. The fact that the product is defective is shown on the invoice, receipt or sales document given to the consumer.

1.6 Unsafe goods cannot be placed on the market even with a disabled label. The provisions of the Product Safety and Technical Regulations Law No. 7223 apply to these products.

1.7 These provisions also apply to any consumer transaction regarding the sale of goods.

 

Warranty Certificate
2.1 Manufacturers or importers must issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The responsibility of completing the warranty certificate containing the date and number of the invoice for the product and giving it to the consumer belongs to the seller, dealer or agency. The warranty period starts from the delivery date of the goods and is at least two (2) years. However, due to their characteristics, the warranty conditions of some goods may be determined by the Ministry with another unit of measurement.

2.2 SELLER; If the goods covered by the warranty certificate fail within the warranty period, the company is obliged to repair the goods without demanding any labor costs, replacement part cost or any other fee.

2.3 If the consumer has exercised his right to repair, he may use his optional rights in cases where the inability to benefit from the product continues due to frequent malfunctions within the warranty period, or the maximum time required for repair is exceeded, or it is understood that repair is not possible. The seller cannot refuse this request. If this request of the consumer is not fulfilled, the seller, dealer, agency, manufacturer-producer and importer are jointly responsible.

2.4 Malfunctions caused by the consumer using the product contrary to the instructions in the user manual are outside the scope of the provisions of paragraphs 2.2 and 2.3.

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2.5 The Ministry is responsible for determining and announcing which industrial goods must be sold with a warranty certificate and the maximum time required for the repair of faults of these goods, by taking the opinion of the Turkish Standards Institute.

Warranty and Repair Period
3.1 Warranty period; It starts from the date of delivery of the goods to the consumer and is at least two (2) years and/or the value determined by the unit of measurement in the attached list.

3.2 If the warranty period is determined by another unit of measurement, the product must have a mechanism for determining this unit of measurement or its structure must be suitable for determining this value. Otherwise, the warranty period is assumed to be two (2) years.

3.3 In case of malfunction of the product, the time spent in repair is added to the warranty period.

3.4 The repair period of the goods cannot exceed the maximum repair period declared in the attached list. This period starts from the date of notification of the malfunction of the product to the service station, or in the absence of a service station, to one of the seller, dealer, agent, representative, importer or manufacturer of the product. Consumer's fault notification; It is possible to do so by telephone, fax, e-mail, registered letter or similar means. However, in case of dispute, the burden of proof belongs to the consumer.

3.5 If the malfunction of the goods cannot be resolved within ten (10) business days, the manufacturer-producer or importer; Until the repair of the product is completed, it is obliged to allocate another product with similar features for the use of the consumer.

 

Free Repair Liability
4.1 SELLER of the goods; During the warranty period, in the event of a malfunction due to material, workmanship or assembly errors, the company is obliged to repair it or have it repaired without demanding any labor costs, replacement part cost or any other fee.

4.2 Service stations where there is a usage error in the malfunctions, if there is no service station, respectively; It is determined by a report prepared by one of the sellers, dealers, agents, representatives, importers or manufacturers of this product.

4.3 Consumers may apply to the relevant consumer provincial and district arbitration committee to request a determination by an expert regarding the report specified in paragraph 4.2.

 

Other Obligations
5.1 Although the consumer exercises his right to repair, the goods;

a) In addition to malfunctioning at least four (4) times within one (1) year from the date of delivery to the consumer, or six (6) times within the warranty period determined by the manufacturer-producer and/or importer, this malfunctions that make it permanent to not be able to benefit from the goods,
b) Exceeding the maximum time required for repair,
c) In cases where it is determined that the repair of the malfunction is not possible through a report prepared by the company's service station, or if the service station is not available, one of the seller, dealer, agency, representative, importer or manufacturer-producer, respectively, the consumer may request a free replacement of the product, a refund or a discount on the price in proportion to the defect. .
5.2 The report specified in paragraph 5.1 (c) must be prepared within fourteen (14) days from the date of application of the consumer. If the consumer does not prepare the report within the specified period or does not accept the report, the relevant consumer may apply to the provincial and district arbitration committee and request that the current situation be determined.

5.3 SELLER cannot reject the consumer's stated demands. The seller, dealer, agency, manufacturer and importer are jointly responsible for these demands of the consumer.

 

SALES PERSON