Distance Selling Agreement
TOPIC 2
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the BUYER electronically through the SELLER's website. The BUYER acknowledges and declares that they have been clearly and understandably informed by the SELLER, in a manner suitable for the internet environment, about the SELLER's name, title, full address, telephone and other contact information, the basic characteristics of the goods subject to sale, the sales price including taxes, the payment method, delivery conditions and costs, etc., all preliminary information regarding the goods subject to sale, the right of withdrawal and how to exercise this right, the official authorities to which complaints and objections can be submitted, etc., that they have confirmed this preliminary information electronically, and that by subsequently approving the order subject to this agreement, they are obligated to pay the price of the order and any additional fees such as shipping costs and taxes.
3. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the SELLER has organized a campaign, the basic characteristics of the relevant product can be reviewed during the campaign period and are valid until the campaign date.
3.2. The prices listed and advertised on the website are sales prices including VAT. Advertised prices and terms are valid until updated or changed (the provisions of Article 5.3 of the contract regarding impossibility of performance and errors in the IT system are reserved). Prices advertised for a limited time are valid until the end of the specified period.
3.3. The sales price of the goods or services subject to this contract, including taxes, is shown below and shall be borne by the BUYER. The BUYER acknowledges, declares, and undertakes that the information provided below is accurate and shall compensate for any damages arising from its inaccuracy or incompleteness.
Product Description / Quantity / Unit Price / Subtotal / VAT Included / Shipping Cost / Total / Payment Method and Plan / Delivery Address / Recipient / Billing Address / Order Date / Delivery Date / Delivery Method
3.4. The shipping cost, which is the cost of delivering the product, will be paid by the BUYER.
4. BILLING INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the billing address along with the order during delivery.
5. SELLER'S RIGHTS AND OBLIGATIONS
5.1. The SELLER is responsible for fulfilling the obligations imposed on it by the contract, except in cases of force majeure, in a complete and sound manner, and for delivering the goods in accordance with the specifications stated in the order and, if applicable, with warranty documents and user manuals.
5.2. Each product subject to this contract will be delivered to the BUYER or to the person and/or entity at the address indicated by the BUYER within the timeframe specified in the preliminary information section of the website, depending on the distance to the BUYER's place of residence, provided that this period does not exceed the legal limit of 30 days. This period may be extended by a maximum of 10 days, provided that the BUYER is notified in writing or via data carrier beforehand. If the product cannot be delivered to the BUYER within the 30-day delivery period, the BUYER reserves the right to terminate the contract. In cases where the product subject to this contract must be delivered to a person and/or entity other than the BUYER, the SELLER cannot be held responsible if the person and/or entity other than the BUYER refuses delivery.
5.3. The SELLER acknowledges, declares, and undertakes that if the fulfillment of the order for the product or service becomes impossible, or if the SELLER is unable to fulfill its contractual obligations due to errors or malfunctions in its information system resulting in errors regarding the product's specifications, model, or price, it will notify the consumer in writing and/or via email, SMS, etc., or through a durable data storage medium within 3 days of learning of this situation, and will refund the total amount to the BUYER within 14 days. The BUYER shall also not claim any compensation from the SELLER under any circumstances due to the impossibility of performance.
5.4. The SELLER acknowledges, declares, and undertakes that if it is unable to deliver the product subject to this contract within the specified time due to force majeure events, such as unforeseen circumstances beyond the control of the parties that prevent and/or delay the parties from fulfilling their obligations, it will inform the BUYER of the situation.
The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery time until the hindering situation is resolved. In case of cancellation of the order by the BUYER, for payments made in cash (by bank transfer/EFT), the product amount will be refunded to the BUYER's bank account within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank's processing time, and therefore, the BUYER cannot hold the SELLER responsible for any possible delays.
5.5. If the BUYER and the credit card holder used during the order process are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
5.6. Any member who violates one or more of the clauses in this agreement shall be personally liable, both criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that the matter is brought to court due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
5.7. The SELLER reserves the right to stop the order if the information provided by the BUYER does not match the facts.
5.8. The BUYER shall inspect the goods/services subject to the contract before taking delivery; the BUYER shall not accept damaged or defective goods/services from the shipping company, such as those that are dented, broken, or have torn packaging. Goods/services received shall be deemed undamaged and in good condition. The obligation to carefully protect the goods/services after delivery rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
5.9. The SELLER's website may contain links to other websites and/or content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not constitute an endorsement of any website or the person operating that website, nor do they represent any commitment or guarantee regarding the information contained on the linked website.
5.10. The SELLER cannot be held responsible for the inability to deliver the ordered product to the BUYER due to any problems the shipping company may encounter during the delivery process.
6. BUYER'S RIGHTS AND OBLIGATIONS
6.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the essential characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the SELLER's website, that they have provided the necessary confirmation electronically, and that they will make the payment.
6.2. The BUYER acknowledges, declares, and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to this Agreement, and that if the price of the product subject to this Agreement is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to this Agreement will cease.
6.3. The BUYER acknowledges, declares, and undertakes that if, after delivery of the product subject to this Contract to the BUYER or to the person and/or entity at the address indicated by the BUYER, the price of the product subject to this Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized and wrongful use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to this Contract to the SELLER within 3 days, with the shipping costs borne by the BUYER.
6.4. The SELLER has the right to contact the BUYER via letter, email, SMS, telephone call, and other means using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may contact them.
6.5. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate and truthful, and that the BUYER will immediately, in cash and in full, compensate the SELLER for all damages incurred due to the inaccuracy of this information, upon the SELLER's first notification.
6.6. The BUYER hereby agrees and undertakes to comply with and not violate the provisions of legal regulations while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding on the BUYER.
7. RIGHT OF WITHDRAWAL
7.1. The BUYER may exercise their right to withdraw from this contract within 14 (fourteen) days of the delivery date of the product to themselves or to the person/entity at the address indicated, by notifying the SELLER, without incurring any legal or criminal liability and without giving any reason. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about their right of withdrawal.
7.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing by registered mail, fax, or email within 14 (fourteen) days. The burden of proof for exercising the right of withdrawal rests with the BUYER.
7.3. Within 14 (fourteen) days of the seller receiving the cancellation notice, the seller will refund the buyer in a single payment using the same payment method the buyer used when purchasing the product.
7.4. Unless the SELLER offers to take back the goods, the BUYER must return the goods/product, including its box, accompanying accessories, and any gifts given with the goods, completely and undamaged, to the SELLER within 10 (ten) days from the moment the BUYER exercises their right of withdrawal. If the said products and accessories are not sent to the seller within the specified time, the buyer's request for withdrawal will not be fulfilled.
7.5. The BUYER cannot exercise the right of withdrawal if the product's packaging and contents are damaged or deteriorated, or rendered unfit for resale. Furthermore, the exceptions to the right of withdrawal specified in the Distance Sales Regulation apply. The right of withdrawal also does not apply to opened CDs, DVDs, and other audio or video recordings, software programs, and computer consumables; goods produced according to the BUYER's specific requests or personal needs (including those modified or customized to the individual/personal needs); services whose performance has begun within the withdrawal period with the BUYER's approval; and other goods and services considered outside the scope of distance sales according to relevant legislation.
7.6. If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obligated to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the withdrawal period.
7.7. If the purchase is made by the BUYER using a credit card and in installments, after the SELLER pays the product price to the Bank in a single payment, the Bank will refund the BUYER in the same number of installments as the BUYER requested for the purchase.
7.8. If this right (RIGHT OF WITHDRAWAL) is exercised;
a) The original invoice for the product delivered to the third party or the BUYER,
b) The return form sent with the product delivery (signed by the BUYER),
c) Returned products must be delivered complete and undamaged, including the box, packaging, and any standard accessories.
d) Return shipping costs are the responsibility of the SELLER.
7.9. If the invoice for the product you wish to return is issued to a company, it must be accompanied by a return invoice issued by the company. Returns of orders invoiced to companies cannot be completed without a RETURN INVOICE.
7.10. If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.
7.11. Returns are not accepted for purchased electronic products if a SIM card has been inserted, a Wi-Fi network connection has been established, installation has been completed, consumables have been used, protective tapes have been removed, activation has been performed, or a user account has been created.
8. DEFAULT AND ITS LEGAL CONSEQUENCES
In the event that the BUYER defaults on their debt, they acknowledge, declare, and undertake to pay the SELLER for all damages and losses incurred due to the delayed performance of the debt. In cases where payment is made by credit card, the BUYER acknowledges, declares, and undertakes to be liable to the bank.
9. AGREEMENT ON EVIDENCE AND COMPETENT COURT
In resolving any disputes arising from this Agreement and/or its implementation, the SELLER's business ledgers and internet records (including records on magnetic media such as computer and audio recordings) shall constitute conclusive evidence.
In disputes arising from this contract, consumer arbitration boards and consumer courts shall have jurisdiction according to the monetary value announced by the Ministry of Trade. Accordingly, for the year 2019, applications must be made to the District Consumer Arbitration Boards for disputes with a value below 5,650 (five thousand six hundred and fifty) Turkish Liras; to the Provincial Consumer Arbitration Boards for disputes between 5,650 (five thousand six hundred and fifty) and 8,480 (eight thousand four hundred and eighty) Turkish Liras in provinces with metropolitan status; to the Provincial Consumer Arbitration Boards for disputes below 8,480 (eight thousand four hundred and eighty) Turkish Liras in the central districts of provinces without metropolitan status; and to the Provincial Consumer Arbitration Boards for disputes between 5,650 (five thousand six hundred and fifty) and 8,480 (eight thousand four hundred and eighty) Turkish Liras in districts of provinces without metropolitan status. Applications cannot be made to consumer arbitration boards for disputes exceeding these values.
10. EFFECTIVE DATE AND CONTRACT DATE
The BUYER is deemed to have accepted all the terms of this agreement the moment they place an order through the Site. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement on the site before the order is processed. The date of the agreement is the order date.
RETURN POLICY
What are the return conditions?
You can request a return to www.mipo.com.tr within 14 days of receiving your product from the courier. You must ship the product back within 10 days of submitting your return request. The shipping cost for returned products is the responsibility of the SELLER.
The conditions for returns are as follows:
• Any promotional or discounted items given as gifts with the product you are returning must also be returned in their original packaging at the same time as the product.
• For returns, the product must be returned along with its original box/packaging, original invoice, and a completed and signed return form that came with the product.
• All standard accessories for the product must be shipped undamaged and complete in their original packaging.
How can I process a return?
Please follow these steps:
• We only process returns via Yurtiçi Kargo. You need to contact Yurtiçi Kargo to initiate your return.
• To initiate a return, first www.mipo.com.tr Please log in to your account at [website address] and access the "My Orders" page.
• View your order and select the item you wish to return.
• Click the RETURN PROCESS button.
• Briefly explain in the comments section why you wish to return the product, and please read and accept the Return and Shipping Terms by checking the "I have read and agree to the Return and Shipping Terms" option.
• Click the CREATE RETURN REQUEST button.
• Once your return request is created, a RETURN APPROVAL NUMBER will be displayed for your order on the My Orders page.
• Please fill out the RETURN/EXCHANGE form that came with your product. Write the RETURN APPROVAL number in the designated area on the form and remove the label containing the number.
• Please clearly attach the RETURN CONFIRMATION NUMBER label to the package and provide this number to the Yurtiçi Kargo delivery person. Also, send the completed and signed RETURN form and the original invoice along with the product to our address by the specified date.
Will I have to pay shipping costs when returning my product?
• You do not pay "shipping fees" for returns.
How do I hand over the product to the shipping company?
• You can contact Yurtiçi Kargo as indicated below. During the shipping process, simply inform the courier of the RETURN CONFIRMATION NUMBER and that the recipient's address is www.mipo.com.tr.
• You can request a courier to your address by calling the Domestic Cargo Call Center (444 99 99).,
• You can request an online courier service by using the "Click to Send" service under the "Send Shipment" menu on the http://www.yurticikargo.com website.
• You can place online shipments by registering for the individual internet banking service via the http://www.yurticikargo.com website.,
• You can use this link to find the address of the nearest Yurtiçi Kargo branch and deliver your package directly to the branch.
How can I track the process after shipping the product?
• Your product www.mipo.com.tr The item will be checked upon receipt, along with its packaging, accessories, and invoice.
• If the return request is approved, the product price will be refunded to you within 14 days.
• If your return does not meet the return conditions, the product will be shipped to your address free of charge.
• You can track the status of your return in the details of your relevant order on the My Orders page.
When and how can I get a refund for the product I returned?
• The product(s) you sent, www.mipo.com.tr If the return request is approved, the product price will be refunded to you within 14 days.
• You will receive a notification message to your registered email address once the product refund process is complete.
• If your payment method is "Credit Card" and your preference is "Refund," your payment will be processed online immediately to your credit card.
• The time it takes for your payment to appear in your account may vary depending on the processing times of your banks.
(*) If the invoice for the product you are returning is a corporate invoice, you must send it together with the return invoice issued by the company. The return invoice should be issued without including the shipping cost (in the form of product unit price + VAT).