Terms of service
- DEFINITIONS
In this agreement;
“Buyer” states the Members who signed up the Site and whose Membership is approved and who buys the goods over the Site which are put up for sale on the Site within the scope of the provisions of Remote Sales Agreement by shopmergim.com;
“Content” states all kinds of visual, literary and auditory images such as all kinds of designs, logos, signs, information, files, pictures, music, numbers and others which are published on the Site or to which the access is available.
“Reliable Electronic Trade System (RET System)” states the service provided by shopmergim.com and the related bank within the conditions that are specified on this Agreement intended for executing the “payment” related section of the sales agreement that is concluded between the Buyer and shopmergim.com;
“Reliable Account” states the escrow account in which the payments that are made by the Member/Buyer are kept in RET System;
“Service” states the services which are provided to the Members by shopmergim.com within the scope of this agreement and for whose content shopmergim.com always has a right to make amendments;
“User” states the real and regal entities who accesses the Site online and who benefit from the Services that are provided within the conditions that are specified on this Agreement;
“Online Sale” states the sales of the goods that are made over the Site within the scope of the Remote Sales Agreement;
“Site” states the website formed of the www.shopmergim.com zone name and of the sub zone names subjected to this zone name and through which the value added services which are formed in connection with this site are provided;
“shopmergim.com Interface” states the internet pages which are used primarily for the purpose that the content formed by the Members can be seen by the Users and that shopmergim.com database can be investigated, which are protected within the scope of the 5846 numbered Code of Intellectual and Artistic Works and which issues a commend to the computer software in order for all kinds of transactions to be carried out that can be done over the Site within the designs of whose all intellectual properties belong to shopmergim.com;
“shopmergim.com Membership Account” states the internet pages special to the members on which the Members can carry out the transactions that are necessary for the members benefit from the services provided on the side, can view the goods, can participate in the voting about the goods and can buy the goods put up for sale and which can be accessed through the “user name” and “password” that are only determined by the members and undertaken to be used solely by the members;
“shopmergim.com Database” states the database in which the content that can be accessed within the site is stored, sorted out, investigated and accessed, which belongs to shopmergim.com and which is protected as per the 5846 Numbered Code of Intellectual and Artistic Works;
“Member” states the real and legal entities who sign up the site under the conditions that are determined by shopmergim.com and whose membership is approved also by shopmergim.com and who benefit from the Services that are provided on the site within the conditions determined by shopmergim.com (membership involves the Buyer also);
“Membership Information” states user name, password and and/or pass code and other information which enables the Members to access to the site;
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THE SUBJECT AND THE SCOPE OF THE AGREEMENT
The subject of this agreement is the determination of the services that are provided on the site, of the conditions for benefitting from these services and of the rights and responsibilities of the parties. The scope of this agreement is all kinds of declarations such as warnings, writings and explanations that are made by shopmergim.com with regard to the use within the Site, to the membership and to the services through the scope of this Agreement, this Agreement itself and its annexes. By accepting the provisions of this Agreement the Members, will also be accepting all the declarations that are made by shopmergim.com with regard to the use within the Site, to the membership and to the services. The members accept, declare and undertake to act in compliance with all kinds of matters that are specified on the mentioned declarations.
- THE MEMBERSHIP CONDITIONS
3.1. The membership is completed upon the completion of the membership forms that are necessary in order to be a Members of the Site by the people who want to be a Member from the related sections of the Site; the entrance of the identification information, approval of the correctness of all kinds of information requested for the membership; carrying out the registration transactions by means of paying the price in the cases which the membership is subject to a price and the approval of the registration transactions by shopmergim.com. The people whose membership transactions are not completed cannot obtain the membership quality that is specified on this Agreement.
3.2. In order to be able to be a member of the site, it is necessary to be of full age, to be authorized to represent and bind the legal entity for the legal entity members and the membership should not be previously suspended or cancelled within the scope of this agreement by shopmergim.com. The people who are not of full age and the legal entities whose application is made by the people not having the representation and binding authority, the people whose membership is temporarily suspended and the people whose membership is cancelled cannot benefit from the rights of membership even if their Site Member registration transactions are completed.
3.3. shopmergim.com always can terminate this Agreement unilaterally without needing any reason and without making any notification in a way that it will immediately be effective and can cancel the membership of the Member. The termination or the cancellation of the membership in this way does not in any way impose any liability against shopmergim.com to pay any indemnity. shopmergim.com, in the cases deemed necessary, has the right to cancel or suspend the membership of a member even without terminating this Agreement. Including these cases but not limited to these, if shopmergim.com reaches the conclusion that the provisions of this agreement and the rules of the Site are not followed and that any transaction carried out by the Member poses a risk at any time legally or in terms of the information security of shopmergim.com, Site and/or the Members or damages or will be able to damage the commercial interests of shopmergim.com, it can decide upon one of the choices among the termination of this Agreement, suspension of the Membership or the cancellation of the membership, which are specified in this article, and can apply them.
- RIGHTS AND RESPONSIBILITIES
4.1. Rights and Responsibilities of the Member
4.1.1. The member, while carrying out the membership transactions, benefitting from the Services and while carrying out any transaction with regard to the Service, accepts that s/he will act in compliance with all the provisions existing in this Agreement, with the rules/declarations specified with regard to the Services from which the members benefit on the related sections of the site and with all the legislations in force, that s/he read, understood and approved all rules and conditions written herein.
4.1.2. The Member, within the cases which shopmergim.com is liable to make explanations to the official authorities as per the imperative legislation provisions in force, accepts that shopmergim.com will be authorized to explain the secret/private/commercial information belonging to the users to the official authorities in the event that these information are requested by the official authorities and that no indemnity will be demanded from himself/herself for this reason regardless of any name under. Besides, upon the Member’s application to shopmergim.com by claiming that his/her rights are violated by the third parties with regard to the materials that the Member published on the site and that s/he will go to law or in the event that it is notified to shopmergim.com that one of the parties wishes to go to law on the conflicts between the members, shopmergim.com has the right to share the Member Information of the merber with the opposing party.
4.1.3. The member is responsible for the protection of the Membership Information safely, for ensuring that this information is only used by him/her and for keeping them from third parties. The member, because of the mistakes and negligence on this matter, is responsible for the losses that shopmergim.com, other members and the third parties will suffer.
4.1.4. The members declare and undertake that the information within the site provided by him/her is true and legal and that the publication of the information in question over the internet will not create any contradiction to law in accordance with the legislations in force. shopmergim.com cannot be enjoined for investigating the correctness of the information which is directly submitted to itself by the Member or provided, amended or uploaded by itself over the Site and for assuring or undertaking that this information is reliable, true and legal. Also it cannot be held responsible for any loss that can arise on account of the fact that such information is contradictory to law, incorrect or faulty or that it is published.
4.1.5. The member, without the written consent of shopmergim.com, cannot transfer this Agreement or his/her rights and responsibilities within the scope of this Agreement to any third party wholly or partially.
4.1.6. The Member, who benefits from the services and uses the Site, can carry out transaction over the Site for only legal purposes. The legal and criminal responsibility for all the actions and transactions that the Member carries out over the Site. The member accepts and undertakes that s/he will not reproduce, copy, distribute, process the goods, pictures, texts, visual and auditory images, video clips, files, catalogues and lists within the Site that can constitute a violation against the real or personal rights and properties shopmergim.com, any other Member and/or third parties or will not upload the content which can result in such and which are specified herein this article and that s/he will not engage directly and/or indirectly in competition with shopmergim.com either through these actions or through other ways. The Member, on account of the activities that s/he carried out on the Site against the law and the provisions of this agreement, becomes responsible for the losses that shopmergim.com, other Members and the third parties can suffer from.
4.1.7. shopmergim.com, with regard to the goods that are on the Site, allows the displaying of the goods and the use of shopmergim.com interface for the purpose that the Member learn only the content of the related goods and the Member, except for the aforementioned purpose, cannot copy the goods wholly or in part from the database, cannot directly or indirectly publish these on the other channels cannot gathe, process, apply to the related chair for the registration, produce, have produced, market and cannot share with third parties for this purpose.
4.1.8. All the responsibilities arising from the services and published content on the Site provided by the Members, including the Buyers, and the third parties belong top themselves and shopmergim.com in any way cannot be held responsible.
4.1.9. The Member accepts declares and undertakes that the responsibility of all kinds of actions and transactions that s/he carries out over the shopmergim.com Membership Account belong to him/her, that s/he will not make any plea and/or objection that s/he did not carry out the actions and transactions carried out and/or that s/he will not avoid fulfilling the responsibilities on the basis of this plea or objection.
4.1.10. The Member accepts, declared and undertakes not to open more than one shopmergim.com Membership accounts by means of using a different user name. In the event that it is determined by shopmergim.com that this rule is violated and that one or more than one shopmergim.com Membership account is opened with a different user name in order to access to the Site by anyone whose membership is terminated, whose membership is ceased or suspended, shopmergim.com will have the authority to cancel all shopmergim.com Membership Accounts of that person without needing any warning and to terminate this agreement unilaterally without having any indemnity responsibility.
4.2. RIGHTS AND RESPONSIBILITIES OF shopmergim.com
4.2.1. shopmergim.com accepts, declares and undertakes to provide the Services mentioned herein this Agreement within the terms specified in this Agreement and within the explanations specified in shopmergim.com Membership Account with regard to the presentation of the services in question and to establish and operate the necessary technological infrastructure in order for the Services that are specified within the scope of this Agreement to be presented on condition that the provisions specified on the article 3 of this Agreement is reserved. The responsibility to establish the technological infrastructure specified in this article does not mean a limitless and complete service agreement. shopmergim.com, at any time without making any notification, can cease or terminate the Services that are determined by Agreement and their technological infrastructures.
4.2.2. shopmergim.com has the right to always change Services and Contents that are presented on the Site, to close the information and content that the Members uploaded to the system to the access of the third parties including all the Users and Buyers and to erase them. shopmergim.com can use this right without making any notification. The members have to immediately carry out the amendments and/or corrections that shopmergim.com requested. shopmergim.com, when necessary, can carry out the amendments and/or corrections by itself. The legal and criminal responsibilities of the losses that can arise by reason of the fact that the amendments and/or corrections requested by shopmergim.com are not carried out by the Members on time belong completely to the Members.
4.2.3. If a link is given by the Members or only for the reason of reference convenience by shopmergim.com, this cannot be interpreted as the link is given by shopmergim.com for the purpose of supporting the internet sites to which those given links are directed or cannot be acknowledged as any declaration or warranty is given by shopmergim.com directed to the internet site in question or its content. shopmergim.com does not accept any responsibility with regard to the sites, files and contents that are accessed in this way.
4.2.4. shopmergim.com has the right to use the contents that are uploaded by the Members on the Site or the Member Information for the security of the Member, for executing its own responsibility and for some statistical evaluations. It can classify and store these on a database.
4.2.5. shopmergim.com can conclude agreements with third parties for displaying the the texts, pictures and contents that are used on the Site by the Members on other sites, on search engines and on the advertisements and declarations of shopmergim.com. The Member in this agreement precisely declares and accepts that s/he gives shopmergim.com the authority in this regard.
4.2.6. shopmergim.com has the right to always check the messages and contents that are against the operation of Site, law, rights of the others, terms of the agreements and to the public decency and to cancel them from access. shopmergim.com can cancel the membership of the Member who makes the entrance of such content and message without making any notifications.
- THE SERVICE AND THE TERMS OF USE
shopmergim.com will provide the Service, whose scope and terms of use are determined with this Agreement, to the Members on the Site.
The purpose of the Services that are provided by shopmergim.com is offering the goods over the Site to the Members and carrying out their advertisement, providing the communication medium for the goods to be bought by the Members and ensuring that the payments are rendered in a safe way within the scope determined by this agreement on the payment relations between the Parties.
5.1. Reliable Electronic Commerce Services
The Reliable Electronic Commerce (RET) service is the service of the presentation of the infrastructure by shopmergim.com for the purpose of enabling the Buyer to buy the goods put up for Online Sales by using the infrastructure of the Site.
The following provisions regulates the rights and responsibilities of the Buyer using the Ret service and shopmergim.com.
5.1.1. The rights and Responsibilities of the Buyer
5.1.1.1. The Buyer in the Ret service makes the purchase request of the good that is put up for sale on the Site by using the Site infrastructure by means of approving that s/he read and accepted the Remote Sales Agreement. The Buyer, through a purchase request submitted to shopmergim.com in this way, declares, accepts and undertakes that s/he accepts the conditions that are specified on this Agreement and on the Remote Sales Agreement with regard to the sales of the Good put up for sale. The Buyer accepts and undertakes to buy the related good with this purchase request.
5.1.1.2. In the Ret service, if shopmergim.com set forth a sales method with regard to the determination of the certain sales price as a result of the offers that will be given by the Buyer within the specific price range of the goods, the Buyer makes his/her offer to shopmergim.com in order to buy the good by using the “Purchase” button. Upon the acceptance of the Buyer’s offer by shopmergim.com, the agreement is concluded between the parties. The declaration of acceptance is sent to the e-mail address of the Buyer over the system and simultaneously displayed on the shopmergim.com Membership Account of the Buyer. shopmergim.com has to make the declaration of acceptance or refusal by using the shopmergim.com Membership Account. With regard to the declarations of acceptance or refusal which are made without using shopmergim.com Membership Account, shopmergim.com does not have any responsibility. In the event that the price of the good that is agreed by the parties is not invested into the Reliable Account by the Buyer within 3 (three) workdays following the acceptance of the offer by shopmergim.com given by the Buyer through the method specified in this article, the agreement between the parties will be assumes as terminated by itself. In the Ret service, in the event that the Buyer carries out the payment transaction related to the good after the adding to chart transaction, the agreement is concluded between the parties.
5.1.1.3. The Buyer, with the purchase requests that s/he made over the Site by using the infrastructure belonging to the Site, is assumed to accept the sales conditions and methods that are specified by shopmergim.com. Except for the exceptional cases, the purchase requests that are made by the Buyer cannot be withdrawn or cannot be cancelled. The exceptional case within the scope of this Agreement is defined as not investing the price of good, which is specified on the last paragraph of the article number 5.1.1.2, into the Reliable Account within time.
5.1.1.4. The Buyer, for the purchase requests that s/he made over the Site by using the infrastructure of the Site, only can carry out the discharge of the money debt by making money transfer to the Reliable Account. In the event that the discharge of the money debt is carried out through another method out of the Reliable Account, shopmergim.com will not have any responsibility with regard to the Ret service that is specified on this Agreement.
5.2. The Supplementary Services
The Member, in addition to the aforementioned services, can benefit from the services that are declared on the Site and terms of use of which are specified on the related sections of the Site, by paying the specified price, if a price is set forth for the related service. The Members, with regard to the services which are defined by shopmergim.com within the scope of this article and are declared on the related sections of the Site, accept and declare to comply with the responsibilities within the scope of the explanations that are made on the related section of the Site.
- THE MEMBER PROFILE EVALUATION SYSTEM
6.1. While creating the member profile or while adding new comments to shopmergim.com or to another Member profile, all the legal and criminal responsibility with regard to the comments that are made by the Member belongs to the Member who added the comment. shopmergim.com will accept no legal responsibility because of the comments made and profiles created over the Site by any Member.
6.2. The Member cannot transfer the member profile which is formed for him/her to any other member under any circumstances and cannot allow its use in any way. In the event that the Member transfers the member profile which is formed for him/her to anyone else or brings it into use, the Member accepts and declares that shopmergim.com has the right to unilaterally terminate this agreement without making any notification and to cancel the membership of the Member.
- THE PRICING
shopmergim.com will declare the prices and the terms of payment (if the pricing is in question) with regard to the Service, Ret Service and the Supplementary Services that are specified within the scope of this Agreement on the related sections of the Site. The amendments with regard to the service prices will be effective 3 (three) days after the amendment is declared and in the event that there is a special offer related to the price, it will be valid until the expiration date of the special offer. Unless otherwise specified on the Site, all the prices that will be received against the supplementary services on the Site will be calculated and collected in Turkish Liras (TL). The members are responsible for making the price payments in compliance with the explanations that are made herein.
- PRIVACY POLICY
shopmergim.com can use the information related to the Members on the Site within the scope of this Agreement and of the Privacy Policy, which is an inseparable part of this Agreement. shopmergim.com can only use the private information belonging to the Members and can only share them with the third parties within the conditions that are specified on the Privacy Policy.
- OTHER PROVISIONS
9.1. Intellectual Property Rights
The information that are accessed within the Site and that are provided by the Members legally and the whole elements (including but not limited to the shopmergim.com database, shopmergim.com interface, goods, text, image, html code and the other codes) of this site (altogether will be referred as to the works of shopmergim.com that are subject to the copyright) belongs to shopmergim.com and/or taken under license from a third party by shopmergim.com. The Members does not have the right to resell, process, share, distribute and exhibit the goods, services, information and the works that are subject to the copyright of shopmergim.com. Within the provisions of this Agreement and except for the cases that are allowed by shopmergim.com, the Members cannot reproduce, process and distribute the goods and the works that are subject to the copyright of shopmergim.com or cannot make or prepare the works that are derived from these. Within the provisions of this Agreement and in the cases that are not authorized by shopmergim.com, shopmergim.com keeps all its rights reserved directed to the goods, services, information, works that are subject to the copyright, trademarks, commercial outlook or other properties and information on the Site.
9.2. The Amendments of Agreement
shopmergim.com can amend this Agreement at any time deemed appropriate by declaring it on the Site unilaterally and wholly at its own discretion. The amended provisions of this Agreement will be effective on the date they are declared and the rest of the provisions will remain in force and will continue to be effective in terms of their results and influences. This Agreement cannot be amended through the unilateral declaration of the Member.
9.3. Force Majeure
In all the cases that are assumed as the force majeure by the law, shopmergim.com is not responsible by virtue of not executing or less or late executing any of the performances which it undertakes through this Agreement. This and the cases such as this will not be assumed as delay, less executing or not executing or default or no indemnity under any name will be demanded from shopmergim.com for these cases. The term force majeure will be interpreted as the events that are inevitable, that shopmergim.com cannot prevent despite showing the due diligence and that is out of the reasonable control of the related party including but not limited to natural disaster, rebellion, war, labor disruption, communication problems, internet and infrastructure breakdowns, restoration and renovation works related to the system and the breakdowns that can occur for this reason, power cut and adverse weather conditions.
9.4. Applicable Law and the Authority
On the execution, interpretation and on the governance of the legal relationships arising within this agreement, the Turkish Law will be applicable except for the Turkish rules of conflict of laws in the event that there is the element of foreignness. On the settlement of all kinds of contradictions that can arise from this agreement, the Courts of Istanbul and the Enforcement Offices will be the authority.
9.5. Notification
Unless otherwise precisely specified on this Agreement, all the notifications, warnings, requests, consents or approvals and other communications that are allowed or required as per this Agreement will be in electronic form and will be sent to the e-mail addresses that are specified by the parties. The specified e-mail address of the Member is the e-mail address that s/he stated during the registration to the Site.
In the event that there is a change on the e-mail address of the Member, s/he will send an e-mail to shopmergim.com stating the new e-mail address and the date from which this new e-mail address will be valid. In the event that this change is not notified, the notification that is made to the previous e-mail address will be assumed to be submitted.
However, if any notification that will be made to the Member as per this Agreement is legally required to be made to the residential address of the Member, the address that shopmergim.com specifies on the Site and the address that the member provided while signing up will be assumed as the legal notification address.
9.6. Enforcement
This Agreement entered into force by having been mutually accepted upon the Member’s electronic approval.
TERM & CONDITIONS
PRELIMINARY INFORMATION FORM
CLAUSE 1 Information on the Seller
Title : Mergim Giyim Sanayi ve Ticaret Limited Sirketi
Tax ID : 617 086 5168 – Besiktas Tax Office
Address : Ar Apartmanı, Vezirköşkü Sokak, Arnavutköy Yolu No:3 D:1 Arnavutköy Istanbul/Turkey
Phone No. : +90 5334565145
E-mail : hello@shopmergim.com
CLAUSE 2 Information on the Buyer
Name – Surname / Title:
Delivery Address:
Phone No.:
E-mail:
CLAUSE 3 Subject
The subject of the present Preliminary Information Form (the “Form”) is the provision of information concerning the sale and delivery of the Products (the “Products”), whose nature and sale price are specified below, pursuant to the provisions of Law on the Protection of Consumers (Law No. 6502), and Regulation on Distance Contracts, which has been published in the Official Gazette issued on November 27, 2014 and under no. 29188.
CLAUSE 4 Basic Features of the Commodity Subject to Sale, and Payment Information
4.1. Information on the definition, unit sum, quantity, and payment terms of the Products are as specified below, and the relevant information have also been approved by the Consumer.
[Product Information Field]
Product
Unit Sum
Quantity
Sale Price
Payment Method
4.2. Courier fee shall be payable by the Consumer.
CLAUSE 5 Validity Period of Commitments
Prices specified in Clause 4.1 are sale prices. Announced prices and promises are valid until any update or modification Is made. As for prices announced for a definite period of time, these prices are valid until the end of the relevant period.
CLAUSE 6 Delivery of the Products
6.1. The PRODUCT is shipped within 2 to 5 work days in order to be sent to the delivery address stated by the BUYER on the WEBSITE, or to the person/organization located at the specified address. Shipped products are delivered to you within 3 to 5 work days along with the invoice. The period may be extended in cases of necessity. The period may be extended up to 14 days, in tailored customized orders. The Consumer may terminate the contract in case the Seller fails to fulfill the present liability.
6.2. If the Products are to be delivered to anyone other than the person specified by the Consumer, the Seller may not be held responsible in case the person/organization to whom the delivery is supposed to be made rejects to accept the delivery.
6.3. The Consumer is liable to check the Products as soon as he/she receives it and notify the Seller of any observed defects immediately.
CLAUSE 7 RIGHT OF WITHDRAWAL
7.1 In distance contracts regarding commodity sale, the Consumer may exercise his/her right of withdrawal from the contract by rejecting the commodity within 14 (fourteen) days of the Product’s delivery to himself/herself or to the person/organization located at the specified address, without any legal and penal liability and without having to cite any excuse.
7.2 In order for the right of withdrawal to be used, a written notice shall be sent to the Seller within the period of 14 (fourteen) days via registered and reply-paid mail, e-mail, or fax.
7.3 In order for the return procedure to be applied, the return form we send you shall be fully completed and placed in the return package, and the return form shall be completed via www.shopmergim.com.
7.4 Products to be returned shall be delivered along their boxes, packages, and standard accessories, if any.
7.5 The Seller is liable to return the total fee and any documents binding the Consumer to the Consumer within 14 (fourteen) days of its receipt of the notice of withdrawal, at the latest.
The Seller shall make all repayments specified in paragraph one in a manner conform to the payment instrument used by the consumer during the purchase, in single sum, and without charging any cost or liability to the consumer.
(In case the Consumer has used credit card installments option during the purchase, the repayment shall also be made in single sum, although the Bank’s repayment of the sum to the Consumer in installment, would not constitute the violation of the present clause)
7.6 Courier fee of Products returned due to the exercising of the right of withdrawal shall be incurred by the Seller.
CLAUSE 8 Products for which, the right of withdrawal may not be exercised
Right of withdrawal may not be exercised with regard to contracts concerning the sale of goods, which are prepared in line with the Consumer’s demands or his/her express personal needs, which are not suitable for return, which face quick deterioration risk, or whose best-before date may expire, and contracts concerning audio or video records, software programs or computer consumables (for the latter group of contracts, in case the package was opened by the Consumer).
CLAUSE 9 General Provisions
9.1 The Consumer states in the present Form that he/she has read the preliminary information on the basic qualities, sale price, and payment method and delivery of the Product subject to sale and acquired relevant information, and that he/she gave the necessary confirmation in written form.
9.2 By confirming the present Form in written form, the Consumer confirms that he/she has acquired information to be given by the Seller to the consumer before the conclusion of distance contracts such as address, basic features of the ordered Products, price of the Products including taxes, and payment and delivery information, accurately and completely.
9.3 The Seller may not be held responsible in case the ordered problem is not delivered to the Consumer due to any reason to be encountered by the courier firm during the delivery stage of the Products to the Consumer.
9.4 The Seller is responsible from the delivery of the Products in a sound and complete manner, conform to the qualities specified in the order, and along with its warranty documents and user guides, if any.
9.5 If, before the delivery time, it is understood that the Products may not be supplied, due to a justifiable reason, the Seller may provide a different Product of equal quality and price, through informing the Consumer and receiving the latter’s written approval.
9.6 In case it would be impossible to deliver the Products, the Seller shall notify the Consumer of the situation before the expiry of the performance liability arising from the contract, and return the total fee to the Consumer within a period of 10 (ten) days.
9.7 If, due to any reason, the Product fee is left unpaid, or it is cancelled in bank records, the Seller shall be deemed to have been released from the Product delivery liability.
9.8 In case the Product fee may not be payable to the Seller due to any reason, the Consumer shall return the Products to the Seller at his/her own expense within 3 days of the Seller’s notification, at the latest. The Seller’s all other contractual-legal rights shall by all means be reserved, including the follow-up of its Product fee receivable.
CLAUSE 10 Competent Court
The Seller may refer his/her complaints and objections to the consumer problems arbitrators committee or consumer court located in the place where he/she had purchased to goods or service or in the place where he/she resides, provided the sum falls within the limits determined by the Republic of Turkey Ministry of Industry and Commerce each December.
CLAUSE 11 Other Provisions
After the present Preliminary Information Form is read and accepted by the Consumer in digital environment, the act shall be proceeded with the conclusion stage of the Distance Sale Contract.
İ hereby confirm that I acquired the preliminary information specified in the present Preliminary Information Form.
DISTANT SALES CONTRACT
ARTICLE 1 – SUBJECT OF CONTRACT AND PARTIES
1.1. This contract determines the rights, laws and obligations of the parties regarding the sales of the products and services made on the Buyer’s, whose detailed information is provided below, website www.shopmergim.com (hereinafter called as WEB SITE) operated by the Seller and the delivery of the products to the delivery address in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts.
1.2. The BUYER accepts and declares in accordance with the provisions of this contract that he/she is informed about the basic characteristics of the goods or services subject to sale, the sales price, payment method, delivery conditions and all preliminary information about the goods or services subject to sale and the right of "withdrawal", that he/she confirmed this preliminary information electronically and thereafter he/she ordered services. The preliminary information and invoice on the payment page on the www.shopmergim.com site are integral parts of this contract.
1.3. SELLER’S INFORMATION
Title : Mergim Giyim Melike Nevber Odman Sabuncu ve Serra Sabuncu
Tax Number : 763 060 0727 – Gaziosmanpaşa Tax Office
Address : Ar Apartmanı, Vezirköşkü Sokak, Arnavutköy Yolu No:3 D:1 Arnavutköy Istanbul/Turkey
Phone : +90 533 4565145
E-mail : hello@shopmergim.com
1.4. BUYER’S INFORMATION
Name Surname/Title :
Delivery Address :
Phone :
E-mail :
ARTICLE 2 – DATE OF CONTRACT
2.1. This contract was signed by the parties on ……………., when the order of the BUYER was completed on the WEBSITE, and a copy of the contract has been sent to the BUYER's e-mail address.
ARTICLE 3 – GOODS AND SERVICES SUBJECT TO CONTRACT
3.1. The details of the products and services ordered by the BUYER, the amount of cash sales including taxes, and the quantity information are given below. All of the products listed in the table below are hereinafter defined as PRODUCT.
[Product Information Area]
Image
Product
Unit Amount
Number of Piece
Sale price
ARTICLE 4 – DELIVERY OF THE GOODS
4.1. The PRODUCT is shipped within 3-5 business days so as to be sent to the delivery address specified by the BUYER on the WEB SITE or to the person/organization at the address indicated by the BUYER. The products delivered to the cargo arrive at you within 3-5 business days, together with the invoice. This period may be extended in cases of necessity. This period can be extended up to 14 days for special production orders produced on demand.
4.2. If the PRODUCT is to be delivered to another person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.3. The BUYER is responsible for checking the PRODUCT as soon as he/she received it and responsible for not accepting the PRODUCT and making CARGO company officer write a minute when he/she sees a problem arising from the cargo in the PRODUCT. Otherwise, the SELLER will not accept any liability.
ARTICLE 5 – PAYMENT METHOD
5.1. The BUYER accepts, declares, and commits that, since the forward sales are made only with the credit cards of the Banks, he/she will also confirm from his/her bank the relevant interest rates and the information about the default interest, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the Buyer in accordance with the provisions of regulations in effect. Deferred and installment payment opportunities provided by institutions issuing credit cards, installment cards and etc. such as banks and financial institutions are a loan and/or installment opportunity directly provided by the said institution. PRODUCT sales realized within this framework and for which the SELLER collected the price in full, are not considered as installment sales but cash sales for the parties to this Agreement. The SELLER’s legal rights (including the right to terminate the contract and/or demand the payment of the entire remaining debt together with the default interest if any of the installments are not paid) are present and reserved in cases that are legally deemed to be sales on installments. In case of BUYER's default, a monthly default interest of 5% is applied.
ARTICLE 6 – GENERAL PROVISIONS
6.1. The BUYER acknowledges that he/she has read the basic characteristics, the sales price, the payment method and the preliminary information regarding the delivery of the products shown on the WEB SITE, and he/she has given the necessary confirmation for the sale in electronic environment.
6.2. BUYER; by confirming this contract electronically, confirms that the he/she has obtained accurate and complete information of the address to be given to the Consumer by the Seller, the basic features of the products ordered, the price of the products including taxes, payment and delivery before the conclusion of the distance contracts.
6.3. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
6.4. The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires.
6.5. If the Seller fails to fulfill the contractual obligations in the event that the product or service subject to the order becomes impossible to be fulfilled, the SELLER notifies the consumer before the contractual performance obligation expires and may supply the BUYER with a different product of equal quality and price.
6.6. For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
6.7. If, for any reason, after the delivery of the PRODUCT, the Bank/financial institution of the credit card used in the transaction does not pay the price of the PRODUCT to the SELLER, the PRODUCT will be returned to the SELLER by the BUYER within 3 days at the latest, all expenses belonging to the BUYER. All other contractual and legal rights of the SELLER, including the follow-up of the product price receivable, are reserved separately and in any case.
6.8. If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances (such as adverse weather conditions, earthquake, flood, fire) other than normal sales conditions and the delay exceeds 10 days, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the emergency. In order cancellations, if the product price is collected, it is returned to the BUYER within 10 days of cancellation. In credit card payments, the refund process is made by returning it to the credit card of the BUYER.
ARTICLE 7 – RIGHT TO WITHDRAWAL
7.1. The SELLER undertakes that the BUYER has the right to withdraw from the contract by refusing the goods or services within fourteen days from the date of receipt of the goods or the signing of the contract without undertaking any legal and criminal liability and without any justification and to take back the goods as of the date of receipt of the withdrawal notification by the SELLER or the product supplier.
7.2. In order to use the right of withdrawal, a written notification must be made to the SELLER within this period. If this right is exercised, it is obligatory to return the original invoice and the sample of the cargo delivery report indicating that the PRODUCT delivered to the 3rd party or the BUYER was sent to the SELLER. The product price is returned to the BUYER within 10 days following the receipt of these documents. In credit card payments, the refund process is made by returning it to the credit card of the BUYER.
7.3. In accordance with the tax legislation, if the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the returned product is paid by the BUYER.
7.4. The BUYER cannot use the right of withdrawal in the case of a PRODUCT that is produced in accordance with the special requests and demands of the BUYER, or which has been customized by making changes or additions, or which cannot be returned due to its nature or PRODUCTS which may rapidly deteriorate or is likely to expire.
ARTICLE 8 – PRODUCTS THAT ARE NOT SUBJECT TO WITHDRAWAL
8.1. Products that cannot be returned by nature; return of single-use products, duplicable software and programs, products that deteriorate rapidly or that are likely to expire are not accepted.
8.2. The following products can be returned on the condition that the package of the product is unopened, intact and the product has not been used and tested.
All kinds of Cosmetic Products - Underwear Products - All Kinds of Personal Care Products - All kinds of software and programs - DVD, VCD, CD and cassettes - Computer and stationery consumables (toner, cartridge, tape etc.)
ARTICLE 9 – EVIDENCE AGREEMENT AND AUTHORIZED COURT
9.1. The SELLER records (including magnetic media records such as computer-sound recordings) constitute conclusive evidence in the resolution of any dispute that may arise from this Contract and/or its implementation; Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade, and in exceeding cases, Consumer Courts and Execution Directorates in the settlement of the BUYER and SELLER are authorized.
9.2. The BUYER declares, accepts and undertakes that he/she has read all the conditions and explanations written in this Contract and the order form constituting its integral part, has obtained, examined and accepted all the sales conditions and all other preliminary information.
SELLER : Mergim Giyim Melike Nevber Odman Sabuncu ve Serra Sabuncu
BUYER : ......
DATE : ......