Distance Sales Agreement

DISTANCE SALES AGREEMENT

ARTICLE 1- PARTIES

1.1. SELLER 

1.2. BUYER 

 Address

 Phone Number

 E-mail

ARTICLE 2- PRODUCT/SERVICE SUBJECT TO CONTRACT

ARTICLE 3-SUBJECT

3.1- The subject of this contract is the sale, delivery and performance of the product or service, the qualities and sales price of which are specified below and in the Preliminary Information Form, which the BUYER orders electronically from the SELLER's www.nodesignstore.com or, in case of a mobile application, In this regard, it is to determine 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 the Implementation Principles and Procedures of Distance Contracts. BUYER, accepts and declares that he/she is aware of SELLER's name, title, full address, telephone number, basic characteristics of the products/services subject to sale, sales price, payment method, delivery and performance conditions, etc., all preliminary information regarding the product/service subject to sale and the right of withdrawal and that he confirms this preliminary information electronically and then orders the product/service. The preliminary information form and invoice located on the order confirmation page of the website are integral parts of this contract.

ARTICLE 4-GENERAL PROVISIONS

4.1- BUYER declares that he/she has read and is informed about the preliminary information and the SELLER's website about the basic characteristics of the product or service subject to the contract, the sales price and payment method including all taxes, that the costs of 2000 TL or less regarding delivery will be covered by the BUYER, and that the SELLER's full commercial name, full address and contact information and he/she has declares and accept that she/he has given the necessary confirmation electronically.

4.2- Delivery of the product is made within the promised time after the payment is made, if the SELLER's stock is available. The product/service subject to the contract is delivered or performed to the BUYER or the person/organization at the address indicated within the period explained in the preliminary information on the website, depending on the distance of the BUYER's residence for each product/service, provided that it does not exceed the legal period of 30 (thirty) days.

4.3- If the product/service subject to the contract is to be delivered or performed to a person/organization other than the BUYER, the SELLER cannot be held responsible if this person/organization does not accept the delivery.

4.4- For the delivery of the contractual product or performance of the service, this contract must be approved online and the entire price must be paid with the payment method preferred by the BUYER. If the product/service fee is not paid for any reason or is canceled in bank records, the SELLER is deemed to be free from the obligation to deliver the product or perform the service.

4.5- If the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, after the delivery of the product or the performance of the service, the product is not delivered to the BUYER. If not, if the product has been delivered to him/her, the Buyer must send the product to the SELLER within 3 (three) days. In this case, shipping costs belong to the BUYER.

4.6- If the SELLER cannot deliver or perform the product or service subject to the contract within the period due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation or interruption of transportation, it is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product/service subject to the contract with a comparable one, if any, and/or postpone it until the hindering situation disappears. If the BUYER cancels the order, the amount paid will be paid in cash and in lump sum within 14 (fourteen) days. General limitation periods and legal provisions apply in cases such as failure to provide relevant bank information by the BUYER or return of the refund.

4.7- All articles of this Agreement have been read and accepted by the BUYER and shall enter into force on the date of electronic approval by the BUYER.

4.8- People under the age of 18 cannot shop from the SELLER.

4.9- In additional installment campaigns, the campaign conditions of the BUYER's bank are valid and if the BUYER chooses a different installment from the bank's page, the option chosen by the BUYER will be applied. Additional installment campaigns arise from the legal relationship between the bank and the BUYER, and the bank is solely responsible for the campaign definitions regarding this matter. SELLER has no liability in this context.

4.10- The BUYER will receive the product by signing the delivery document and will check whether the products are complete and as required upon receipt. BUYER is obliged to immediately notify SELLER of any problems or defects he detects and, if he is to receive delivery, to write this on the delivery form. To the contrary, the SELLER will not be responsible in any way for any situations that may occur. BUYER may not inspect the Product/Service subject to the Contract before receiving it, if it is damaged, broken, its packaging is torn, etc. In case of receiving the damaged and defective Product/Service from the cargo company, the responsibility belongs to the BUYER.

4.11- Shipment and cargo costs of the product are carried out through cargo companies contracted with the SELLER, at the expense of the BUYER. In case the product is returned after the expiry of the right of withdrawal period or if the product is returned through a different channel other than the carrier (cargo companies) with which the SELLER has an agreement as specified in the preliminary information form and in this contract within the scope of the right of withdrawal, this shipment and cargo belongs to the BUYER.

4.12- If the order is placed, the BUYER is deemed to have accepted all the conditions of this contract.

4.13- Meskan Tekstil İthalat İhracat Sanayi ve Ticaret Anonim Şirketi is not under any warranty responsibility of the SELLER regarding the products sold.

4.14- When you want to cancel newly placed orders, you need to view the orders in the "Order Tracking" section, the order list will be listed on the screen. For orders that appear as "Procurement Phase" on this screen, the order placed can be canceled by contacting the SELLER. Refunds are made for canceled orders after they are approved by accounting. In order to cancel new orders, the order must not have been shipped. Order cancellations cannot be made for products with the phrase "Your Order Has Been Shipped" in the order tracking section.

ARTICLE 5-RIGHT OF WITHDRAWAL

5.1- Applications regarding the exercise of the right of withdrawal by the BUYER may be forwarded to the SELLER through the following channels.

5.2- The BUYER has the right to withdraw within 14 (fourteen) days from the delivery of the product subject to the contract to him/her or to the person/organization at the address indicated. In order to exercise the right of withdrawal, within this period, the SELLER must be informed of the provisions of Article 5.1 of the contract, a notification must be made through the application channels specified in the article and the product must be resalable by the SELLER or the product must be unpackaged and unused within the framework of the provisions of Article 6 of this contract. The right of withdrawal cannot be exercised in cases falling under Article 6 of this agreement and in case the package is opened or used.

5.3- In order to exercise the right of withdrawal, the products in question must be returned to the contracted carrier (cargo company) written in the Preliminary Information Form where the SELLER sent the product. The BUYER sends the product back to the SELLER with the contracted carrier (cargo company) within 10 (ten) days after exercising his right of withdrawal. If the BUYER wants to return the product, he must obtain the cargo code from the SELLER and return the product with the cargo code through the carrier (cargo company) specified by the SELLER. If the return is made with a carrier (cargo company) other than the carrier (cargo company) specified in the preliminary information form or without obtaining the product return cargo code, the transportation fee will be covered by the BUYER. If the right of withdrawal is exercised, the original invoice submitted to the BUYER must be returned by the BUYER along with a copy of the cargo delivery report stating that the product delivered to the third party or the BUYER was sent to the SELLER. The product price will be returned to the BUYER within 14 (fourteen) days following the receipt of these documents. f the BUYER returns the product with a carrier (cargo company) other than the carrier (cargo company) specified in the preliminary information form, the refund obligation begins from the date the product reaches the SELLER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.

5.4- For payments made via EFT or money transfer; The refund of the product price will be made by transfer and EFT to the bank account information of the BUYER to the account specified by the BUYER, provided that the account is in the name of the person at the billing address or in the name of the user member. SELLER pays the bank the entire product price at once.

For payments made via credit card or debit card; The refund of the product price is made to the credit card or debit card with which the BUYER made the payment, and no cash refund is made. The refund to be made by the Bank arises from the relationship between the BUYER and the Bank and the SELLER has no responsibility regarding the form or duration of the refund. If the BUYER purchases the product in installments, additional costs imposed by the bank on the BUYER, such as the return method of the product price or interest on interest, arise from the relationship between the BUYER and the bank and the SELLER has no liability.

5.5- Within the scope of the right of withdrawal, the product box, packaging and standard accessories, if any, must be returned along with the other products given as a gift, complete and undamaged. Damage that may occur on the original boxes of the products and the cargo attached to them, etc. returns or exchanges will not be possible because the labels damage the originality and therefore the resalability of the products.

5.6- The BUYER is responsible for any changes or deteriorations that occur due to the use of the goods in a manner contrary to its operation, technical specifications and usage instructions within the withdrawal period, and will not be able to make a refund in this case. In case of a return, the SELLER reserves the right not to accept the returned product, and in case of loss due to the return, the BUYER is obliged to cover these damages.

5.7- If the BUYER has benefited from a discount within the scope of a campaign regarding the product he has purchased, or if he has been provided with rights and benefits within the scope of the campaign by the SELLER, and if the BUYER has benefited from the right of withdrawal within the period, the SELLER has the right to offset the discount amount defined as a campaign from the price of the returned product or, if any, It is reserved to take back the rights and benefits defined to the BUYER within the scope of the campaign.

ARTICLE 6- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Within the scope of Article 15/1 of the Regulation, the BUYER cannot exercise the right of withdrawal in the following cases:

1. Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.

2. Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.

3. Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.

4. Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.

5. Contracts regarding books, digital content and computer consumables offered in tangible form if the protective elements such as packaging, tape, seals and packages have been opened after the delivery of the goods.

6. Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.

7. Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.

8. Contracts regarding services performed instantly electronically or intangible goods delivered instantly to the consumer.

9. Contracts regarding services whose performance begins with the approval of the consumer before the right of withdrawal expires.

ARTICLE 7- SELLER'S REPRESENTATIONS AND WARRANTIES

7.1- The SELLER is responsible for the delivery of the product/service subject to the contract in a sound, complete and timely manner, in accordance with the qualifications specified in the order. If the product subject to the contract purchased by the BUYER turns out to be defective and the BUYER requests to replace the product sold with a non-defective product, this request can only be fulfilled if the SELLER has the same product in its stocks. If the SELLER does not have the same product in stock, the contract will be canceled and the product price will be refunded to the BUYER within 14 (fourteen) days.

7.2- Based on a justified reason, the SELLER may supply products/services of equal quality and price to the BUYER before the contractual performance period expires.

7.3- If the SELLER thinks that the performance of the product/service has become impossible, it shall notify the BUYER before the performance period in the contract expires. The paid price and documents, if any, are returned within 14 (fourteen) days.

7.4- If the product purchased by the BUYER is not available in the SELLER's stocks, the contract will be canceled and the product price will be refunded to the BUYER within 14 (fourteen) days.

ARTICLE 8- FEATURES OF THE PRODUCT/SERVICE SUBJECT TO THE CONTRACT

8.1- The type of the product/service, its qualities, quantity, color and the sales price, including all taxes, are as stated in the information on the website and in the invoice and Preliminary Information Form, which are considered an integral part of this contract.

ARTICLE 9- DEFAULT AND ITS LEGAL CONSEQUENCES

9.1- If the BUYER defaults on her credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may request the costs and attorney fees incurred from the BUYER. In case of default in the performance of its debt, the BUYER agrees to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.

9.2- If the BUYER chooses one of the other payment methods and defaults in the performance of her debt, she will be liable to the SELLER within the framework of general provisions.

ARTICLE 10- NOTIFICATIONS AND EVIDENTIAL CONTRACT

10.1- All correspondence between the Parties within the scope of this Agreement will be made via e-mail, except for the mandatory cases listed in the legislation.

BUYER accepts, declares and undertakes that, in case of disputes that may arise from this Agreement, the SELLER's official books and commercial records, as well as the electronic information and computer records kept in its database and servers, will constitute binding, definitive and exclusive evidence, and that this article is evidence within the meaning of Article 193 of the Code of Civil Procedure. 

ARTICLE 11- APPLICATION TO THE SELLER AND APPLICATIONS TO THE CONSUMER COURT OR CONSUMER ARBITRATION COMMITTEE AND THE COMPETENT COURT

11.1- BUYER may forward his/her requests or complaints to SELLER via e-mail.

11.2- In disputes regarding this Agreement, the Consumer Arbitration Committees in the BUYER's place of residence, up to the value declared by the Ministry of Commerce every year; in disputes above the said value, the authorized Antalya Mediation Office, Antalya Consumer Courts; in other disputes between the parties, Antalya Courts and Enforcement Courts and Offices are authorized.

This Agreement, consisting of 11 (eleven) main articles, was concluded by the Buyer on the date of approval by being approved electronically and entered into force immediately.