DISTANCE SALES CONTRACT
Article 1: Parties
This agreement has been concluded between the following parties:
Seller Information
Name/Title: MSK GROUP MARKETING CONSULTANCY INDUSTRY AND FOREIGN TRADE LIMITED COMPANY
Address: Adnan Kahveci Neighborhood, Cebeci Street, No3A D42, Beylikdüzü - Istanbul
Phone: 05375677252
Email: info@zaidmade.com
MERSIS Number: 0623172310400001
Recipient Information
Name and Surname:
Address:
Telephone:
Email:
Article 2: Subject
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the products ordered electronically by the Buyer through the Seller's #website address and whose qualities and sales prices are specified below.
Article 3: Contractual Product Information
The basic characteristics regarding the subject of the contract, type or model of the product, size and quantity, sales price including VAT, payment method and shipping fee including taxes are as follows;
Product Name:
Type and Model:
Product Quantity:
Total Price (VAT Included):
Delivery Address:
· Person to be Delivered: (Alternative person)
Article 4: General Provisions
4.1 The Buyer accepts and declares that he/she has read and is informed about the preliminary information regarding the basic characteristics of the contractual product, sales price, payment method, delivery conditions and right of withdrawal on the #website address website and has given the necessary confirmation electronically.
4.2 The Seller accepts and undertakes to deliver the product subject to the contract to the Buyer in accordance with the qualifications specified in the order, complete, together with the warranty certificate and user manual, if any, and in accordance with the current legislation.
4.3 Delivery of the products will be made within 30 (thirty) days from the date of order confirmation, depending on the Seller's stock availability. If the Seller fails to fulfill its obligations within this period, the Buyer may terminate the contract.
4.4 If the product subject to the contract is to be delivered to a person or organization other than the Buyer, the Seller is not responsible if the person or organization to whom the product is to be delivered does not accept the delivery.
4.5 Product delivery will be made to the address specified by the Buyer when ordering. If the Buyer is not at the address at the time of delivery, the product delivery may be held at the nearest branch, in accordance with the courier company's policy, or an additional fee may be charged for re-delivery. The Seller is not responsible for any delays or additional costs that may arise in this case.
4.6 If the Buyer does not pay the price of the product ordered or the payment is cancelled in the bank records, the Seller is deemed to be released from its obligation to deliver the product.
4.7 If, after the delivery of the product, the relevant bank or financial institution does not pay the price of the product to the Seller due to the unfair or illegal use of the payment card by unauthorized person or persons, the Buyer is obliged to return the delivered product to the Seller within 3 (three) days, with all expenses being borne by the Buyer.
4.8 If the Seller is unable to deliver the contracted product within the specified time due to force majeure (natural disaster, war, fire, pandemic, strike, system failure, cyber attack, cargo service disruptions, etc.), the Seller shall immediately notify the Buyer. In such a case, the Buyer may cancel the order, request a replacement with an equivalent product, if available, or accept an extension of the delivery period. In the event of order cancellation, the paid amount will be refunded to the Buyer within 14 (fourteen) days from the date of cancellation.
Article 5: Right of Withdrawal
5.1 The Buyer may exercise his/her right of withdrawal without giving any reason and without paying any penalty within 14 (fourteen) days from the date of delivery of the product he/she purchased within the scope of the distance contract to him/her or to the person/organization at the address he/she indicated.
5.2 The right of withdrawal period begins on the day the product is delivered to the Buyer. If multiple products are delivered separately within a single order, the right of withdrawal may be exercised within 14 days from the date the last product is delivered. The date on the Buyer's cargo delivery report is used as the basis for determining the period.
5.3 To exercise the right of withdrawal, a clear written notice must be given to the Seller within 14 days via registered mail, email, or the communication channels available on the website. The Seller will send confirmation of receipt of the Buyer's notice of withdrawal to the Buyer via a permanent data storage device (email, etc.).
5.4 The product to be returned under the right of withdrawal must be complete, unused, unwashed, resalable, and undamaged. It must be returned with all accessories, the invoice, and the original packaging, if any. The right of withdrawal cannot be exercised for products that are not suitable for return for hygiene and health reasons (e.g., underwear, swimsuits, bikini bottoms).
5.5 Shipping costs for products returned under the right of withdrawal are the responsibility of the Buyer, unless otherwise stated. However, if the product is defective, the shipping costs will be covered by the Seller. The Buyer is responsible for sending the product back via the shipping company specified by the Seller. Otherwise, the Buyer will be responsible for any damage or loss that may occur.
5.6 When exercising their right of withdrawal, the Buyer is obligated to send the original invoice to the Seller along with the product. If the return invoice is issued by the corporate Buyer, a return invoice must be issued upon return. Otherwise, the return process cannot be completed.
5.7 Within 14 days of receiving the notice of withdrawal, the Seller will refund the price of the product and any costs incurred by the Buyer. The refund will be made using the same method as the Buyer's payment. However, no refund will be made until the product is returned.
5.8 During the right of withdrawal period, the Buyer may use the product normally, in accordance with its operation, technical specifications, and functionality. However, if the returned product has decreased in value due to the Buyer's fault or if the product is no longer returnable, the Buyer is responsible for this damage.
5.9 The Buyer accepts that he/she has no right of withdrawal for products produced in line with his/her special requests or personal needs, products that are not suitable for return due to hygiene reasons (underwear, etc.), products whose packaging has been opened after delivery, and products that have lost value due to his/her own fault.
Article 6: Payment Method
6.1 The Buyer accepts and undertakes to pay the price of the contractual product in cash or in installments by choosing one of the following payment methods when placing the order on the #website address website:
· Online payment by credit card or debit card,
· Bank transfer via money order / EFT,
Digital payment systems.
6.2 In credit card transactions, the Buyer may benefit from installment options within the framework of the agreement signed with their bank. Factors such as the number of installments, maturity date, and interest rates are entirely the responsibility of the bank. The Seller is not involved in these matters.
6.3 For payments made via wire transfer/EFT, the payment must reach the Seller's bank account for the order to be processed. The order number must be included in the description section when making the payment.
6.4 The order is not finalized until the payment process is completed. The order will not be shipped without confirmation from the bank or payment provider.
6.5 The Buyer is responsible for any legal and criminal liability that may arise from the use of the Buyer's payment instrument by unauthorized persons. In such a case, the Buyer's obligations arising from the order shall continue.
6.6 In case of order cancellation, delay or incorrect transaction due to system or technical problems that may occur during payment transactions, the Seller shall not be liable unless it is at fault.
Article 7: Return Conditions and Refund
7.1 When the Buyer exercises his right of withdrawal or his order is cancelled by the Seller, he is obliged to return the delivered product to the Seller with its original packaging, accessories, invoice and in an unused, undamaged and resalable condition.
7.2 The product to be returned must be unused, undamaged, and not have lost its suitability for return due to personal hygiene reasons. Returns will not be accepted for products that have been removed from their labels, washed, or are not resalable.
7.3 The Buyer must deliver the product to the cargo company within 10 (ten) days from the date the notice of withdrawal reaches the Seller. In case of expiration of the deadline, the return may not be accepted.
7.4 The Buyer must return the original invoice along with the product. If a corporate invoice has been issued, the Buyer must issue a "return invoice" for the return.
7.5 Return shipping costs are the responsibility of the Buyer for returns made under the right of withdrawal. However, if the product is defective, was shipped incorrectly, or the wrong product was delivered, the return shipping costs will be covered by the Seller. For this situation to be considered valid, the Seller must be notified in writing within 48 hours of the product being delivered.
7.6 The Seller will refund the price of the product within 14 (fourteen) days of receipt of the returned product, using the same method used by the Buyer for payment. For credit card refunds, the time required for the refund to be reflected on the card may vary depending on the bank's practices, and the Seller cannot be held responsible for this period.
7.7 If the product is damaged beyond return or if there is a loss in value due to the Buyer's fault, this fee will be deducted from the refund amount. If deemed necessary, the return may be rejected and the product will be returned to the Buyer.
Article 8: Force Majeure
Force majeure shall be deemed to be any circumstance that was not present or foreseeable at the time the contract was signed, that develops beyond the control of the parties, and that renders it impossible for one or both parties to partially or fully fulfill their obligations and liabilities undertaken under the contract, or to fulfill them on time (terrorism, war, natural disaster, infectious disease, pandemic, riot, seizure or strike, lockout, significant malfunction of production and communication facilities, changing legislative provisions, and similar circumstances). The party experiencing the force majeure shall immediately notify the other party in writing of the situation.
During the continuation of force majeure, neither party will be held liable for any failure to perform their obligations. If this force majeure continues for 30 (thirty) days, each party will have the right to unilaterally terminate the contract.
Article 9: Dispute Resolution
Consumer Arbitration Committees and Consumer Courts at the Buyer's place of residence or the Seller's place of residence are authorized to resolve disputes that may arise from this contract.
Article 10: Competent Court
The parties agree that Istanbul (Central) Courts and Enforcement Offices have jurisdiction over all disputes that may arise in relation to this contract.
Article 11: Evidence Agreement
In case of disputes arising from this contract, all electronic information, e-mail, order information and other documents recorded in the Seller's systems will constitute definitive evidence.
Article 11: Entry into Force
The Buyer declares that he/she has read and understood all the terms of this contract and accepted it by confirming it electronically.