DISTANCE SALES AGREEMENT AND PRE-INFORMATION FORM
ARTICLE 1: PARTIES
TITLE: Aveneva Digital Transformation A.Ş.
ADDRESS: Ortabayır mahallesi, Şair çelebi sokak, No:1. İç kapı no:3. Kağıthane İstanbul.
NUMBER: (+90) 212 771 08 48
BUYER: Madamebrave.com shopper. Hereinafter referred to as receiver.
ARTICLE 2: SCOPE OF THE AGREEMENT
The subject of this agreement, the buyer’s SELLER`s Madamebrave.com web site of the electronic order, which has the qualifications mentioned in the contract, the sale price of the site specified in the sale and delivery of products related to the Protection of Consumers Law No. 4077 and Distance Contracts Application Principles and Determination of rights and obligations of the parties in accordance with the provisions of the Regulation on Procedures.
The buyer will be able to explain the basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. accepts and declares that it has knowledge of all preliminary information and right of withdrawal of the product subject to sale, confirms this information in electronic form and then orders the product.
The preliminary information and invoice on Madamebrave.com are integral parts of this agreement. As soon as the order is completed, the buyer is deemed to have accepted all the terms of this agreement.
ARTICLE 3: PRODUCT INFORMATION
SELLER manufactures handmade, delicate jewelry and accessories. The contracted product and its features, materials, color, sales price, delivery conditions are as given in the product specifications section of the Madamebrave.com web page.
ARTICLE 4: GENERAL PROVISIONS
4.1. The parties to this contract are the buyer and the seller and all obligations and responsibilities related to the fulfillment of this contract belong to the parties. This agreement shall enter into force on the date of electronic approval by the recipient.
4.2 The Purchaser accepts, declares and undertakes that he has read and understood all the information regarding the characteristics and conditions of sale of the product subject to the contract mentioned in Article 3 and that he has given the necessary approval for the purchase of this product.
4.3 The SELLER is responsible for delivering the contracted product to the cargo in a sound, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
4.4 The SELLER, the products or products subject to the contract, shall be delivered to the buyer or period. This period can be extended to a maximum of 10 days, provided that the buyer is notified before.
4.5 If the product subject to the contract is to be delivered to another person / organization other than the Buyer, the seller shall not be held liable for the person / organization not to accept the delivery.
4.6 Delivery shall be delivered by cargo to the address specified in the form filled out by the Purchaser at the time of purchase through the cargo company. The seller shall be deemed to have fully and fully fulfilled the performance of the seller, even if the recipient is not present at the time of delivery.
4.7 If, for any reason, the product price is not paid or canceled in the bank records, the seller is deemed to be free from the obligation to deliver the product.
4.8 Expenses and other damages arising from the late delivery of the product in the condition of the Buyer in 4.6, or the waiting of the product in the cargo company and / or the return of the cargo to the seller shall also be borne by the buyer.
4.9 The buyer is obliged to open and check the packages in front of the company representative when receiving the packages and to keep the product in the company if there is any defect in the product. If the package has not been accepted and the minutes have been kept, the situation must be notified to the seller within 3 days with the copy remaining in the Purchaser. The SELLER shall ensure a new and healthy delivery as soon as possible.
4.10 Shipping costs for domestic shipments are included in the product price, unless otherwise stated on the product page. For international shipments, 250 Euro or more orders are not charged. For orders less than 250 EUR, shipping costs are borne by the Buyer. For shipments abroad, customs, insurance and other possible costs shall be borne by the Buyer.
4.11 If the credit card of the Buyer is used unfairly or unlawfully by unauthorized persons after the delivery of the Product due to the Buyer's defect, the Product shall be delivered to the Seller, provided that the Buyer has not delivered the product to the Seller. within three (3) days. In this case, shipping costs are borne by the Buyer.
4.12 The seller provides information on product care and use at Madamebrave.com. The products are warranted for 1 month from the date of delivery, except for defects caused by use, non-compliance with the maintenance rules of the product and misuse. The shipping expenses of the products sent to the seller for the necessary repair within the warranty terms shall be borne by the seller.
4.13 Due to the fact that the forward sales are made only with the credit cards of the banks; the interest rates and the default interest rate.
4.14 The buyer accepts, declares and undertakes that the provisions regarding interest and default interest shall be applied within the scope of the credit card agreement between the bank and the buyer in accordance with the provisions of the legislation in force.
4.15 In cases where the Purchaser has exercised his right of withdrawal or if the product subject to the order cannot be supplied for various reasons; the amount paid by the buyer cannot refund the Buyer in cash. After the seller has paid the fee to the bank at once, the card will be refunded by the bank.
4.16 In accordance with the general procedure of the tax procedure law numbered 385, the relevant return sections of the invoice must be filled in full and returned to the seller with the product after signing. The buyer declares, accepts and undertakes that he accepts all this procedure.
ARTICLE 5: RIGHT OF WITHDRAWAL
5.1 The Purchaser shall be entitled to withdraw from the contract within seven days from the date of receiving the goods by rejecting the goods without any legal and criminal liability and without giving any reason. In order to exercise the right of withdrawal, the seller must be notified by fax, e-mail or telephone within the same period and the product is not used. If the right of withdrawal is used, the product price is returned to the Buyer within 10 days. Expenses arising from the use of the right of withdrawal belong to the seller.
5.2 Pursuant to the Regulation on Distance Contracts, the right of withdrawal may not be exercised in the case of goods manufactured or made personalized by amendments or additions in accordance with the special requests and requests of the Purchaser and in the case of goods whose price is determined in the stock market or other organized markets.
TRNC and Turkey for the KDV 5.3 Other non-payment in order to send the buyer is obliged to pay tax on items taken at customs. Buyer has no right of withdrawal for products which are not received in any way from customs.
ARTICLE 6- PROVISIONS
6.1. In the event that the parties fail to fulfill their obligations under this agreement, the provisions of the Borrower's Default in Article 106-108 of the Code of Obligations shall apply. In the event of default, if any party fails to perform its actions without justifiable reason within its term, the other party shall grant a period of 7 days to the party who does not perform its performance for the performance of the said act. In the event that this is not fulfilled during this period, the right to demand the delivery of the goods and / or the termination of the contract and the refund of the price shall be arisen by requesting the performance of the performance from the party not performing its performance.
6.2. if the seller cannot deliver the product subject to the contract within due time due to force majeure that may prevent the seller from fulfilling this obligation or weather opposition that prevents transportation, disruption of transportation, fire, earthquake, flood; in such cases, the Buyer may exercise one of the rights that the seller has no responsibility, the cancellation of the order or the postponement of the delivery time until the elimination of the prohibitive situation. In case the buyer cancels the order, the amount paid shall be paid to him within 10 (ten) days.
ARTICLE 7- AUTHORIZED COURT
In case of disputes arising from this agreement, the Arbitration Committees of Consumer Problems in the settlement of the buyer or seller shall be authorized up to the value declared by the Ministry of Customs and Trade each year and the Consumer Courts shall be authorized in disputes above this value.
This agreement shall enter into force on the date of electronic approval.
The English translation of the Agreement is for informational purposes only. In case of any dispute, the Turkish contract shall prevail.
SELLER: Aveneva Digital Transformation A.Ş.