DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES OF THE AGREEMENT
Meaning of the words in this Distance Selling Contract;
Contract: This Distance Selling Contract,
Site: www.stonemale.com website,
Product: The product/products, defined in Article 4 of this Agreement.
Sale Price: The sale price specified in Article 4 of this Agreement,
Regulation: Regulation on Distance Contracts,
Preliminary Information Agreement: Refers to the contract accepted by the BUYER electronically prior to the acceptance of this Agreement, indicating that the BUYER is aware of the Product, Sales Price, right of withdrawal and other contractual terms,
ARTICLE 3 - SUBJECT OF THE AGREEMENT
Subject of this Agreement, is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on the Distance Agreement, in relation to the offering of the product defined in Article 4 of the Contract in return for the sale price specified in Article 4, which the BUYER orders electronically through the Site.
ARTICLE 4 - PRODUCT INFORMATION AND SALES PRICE
The information about the product subject to this Distance Sales Agreement is as follows:
Purchased Product / Products:
Name, code: … piece(s)
Total Sales Price: …. –
TRL Payment Method:
Credit Card / Bank Transfer (EFT)
Person / Institution to be invoiced:
Tax Registration Number:
Shipping Charges: … -TRL
5.1. The Parties accepts, declares and undertakes that, in addition to the terms of this Agreement, they have accepted the provisions of the Law No. 6502 on the Protection of Consumers, the Law No. 6563 on the Regulation of Electronic Commerce, the Regulation on Service Providers and Intermediary Service Providers and, the Regulation on Distance Contracts and that they will act in accordance to these provisions.
5.2. The BUYER; accepts, declares and undertakes that, prior signing the agreement, he/she is informed upon right to withdraw together with all prior information upon the product, including the information upon basic qualifications of the Product subject to Article 4 of this contract, the Sales Price including all taxes, shipping charge, payment and delivery, and the name, title, full address and contact information of the SELLER, and that he/she did make the payment for the product, after confirming these information in electronic means.
The BUYER accepts, declares and undertakes that he/she has read and confirmed the Membership Agreement and the Preliminary Information Agreement as electronically.
5.3. All confirmations / acceptances submitted by the BUYER electronically under this Agreement shall be deemed to be in written consent, if necessary.
5.4. Persons under the age of 18 (eighteen) cannot shop at http://www.stonemale.com. The seller shall take into account that the age specified by the buyer in the contract is correct. However, the seller cannot be held liable for any misuse of the buyer's age.
5.5. The detailed specifications of the product and the sales price including all taxes (Sales Price) are as stated in Article 4 of this Agreement and on the service introduction pages on the Site.
The SELLER shall not be liable for price update errors due to technical reasons, and sales made in the event of such error shall not constitute a provision.
5.6. The SELLER is responsible for providing the Product in full and in accordance with the qualifications specified in the order.
5.7. SELLER is responsible for the delivery of the Product subject to this Contract, in a sound, complete, defect-free manner, and in accordance with the qualifications specified in the order, and to deliver it to the BUYER or to the person / institution at the address indicated by the BUYER, within the period specified in the Preliminary Information Contract and specified in Article 4 of this Contract, provided that, it does not exceed a period of thirty (30) days. If the product subject to the contract, is to be delivered to another person/ institution other than the BUYER, the SELLER shall not be held responsible for not accepting the delivery of the person / institution to be delivered.
5.8. The SELLER shall not be held responsible for the failure to deliver the ordered product due to any problems that the cargo company will face during the delivery of the Product.
5.9. For the delivery of the Product subject to the contract, the product price has to be paid in the form of payment offered in the Site and preferred by the BUYER. The BUYER is free to choose any of the payment methods offered on the Site. If, for any reason, the Product price is not paid or, canceled in the bank records, the SELLER shall be deemed to be free of the obligation to deliver the Product.
5.10. If the SELLER becomes impossible to deliver the Product or, if the Site remains closed for any reason, the SELLER shall be obliged to notify the BUYER within the Delivery period of the Product, and is obliged to return to the BUYER within 14 (fourteen) days from the date of notification. In cases of force majeure, the period is 30 (thirty) days.
5.11. The BUYER accepts, declares and undertakes that, during the purchase of products by credit card, EFT or mobile payment, the GSM number information recorded by him/her can be recorded in the database of the SELLER.
The GSM number information is protected by the SELLER, using advanced encryption methods. The SELLER, shall not be liable for the disclosure of the GSM number information to third parties without the fault of the SELLER, and for any damages resulting there from. The BUYER accepts and declares that, he / she knows the aforementioned situation and that the SELLER shall not have any responsibility.
5.12. The invoice shall be issued by the SELLER in return for the price of each Product purchased, in the type, quantity, brand/ model, sales price, payment method, delivery person, the delivery address, invoice information and in the shipping fee as specified in Article 4 of this Contract. The invoice must be issued on behalf of the person signing the contract and shall be sent to the address, specified by the BUYER.
5.13. The BUYER shall check whether the Product specified in the Contract has been delivered completely/without any defect, within 7 (seven) days following the purchase of the Product and, shall notify the SELLER if any deficiency is found. In this case, the BUYER may use one of the rights to remedy the defect in the Product such as to re-supply / send the Product when the SELLER makes it possible, or to terminate the Contract. If the SELLER fails to perform the remedy of defect in the Product or cannot re-supply/return the Product within 30 (thirty) business days in accordance with the BUYER's request, the BUYER may use the right to terminate from the Contract.
If the remedy of defect in the Product or re-supply / shipment of the Product creates great difficulty for the SELLER, the BUYER cannot use these rights.
If the BUYER does not report any defect / deficiency to the SELLER within 7 (seven) days after the said Product is sent, the BUYER shall accepts that the Product has been sent to him in full / without defect
6.1 The SELLER accepts, declares and undertakes that within 14 (fourteen) days from the date of receiving the Product, the Buyer has the right to withdraw from the Contract, provided that the BUYER returns the Product to the SELLER without any legal and penal responsibility and without giving any reason.
6.2. The BUYER accepts, declares and undertakes that he/she will return to the SELLER within 10 (ten) days following the use of the right of withdrawal the product complete and undamaged, with the invoice, box, packaging and standard accessories, if any by using the cargo company ….
6.3 SELLER, is liable to return at once to the BUYER all the collected payments including product delivery costs, if any, within 14 (fourteen) days from the date of use of the right of withdrawal according to the article 6.1 of this contract.
6.4. For the payments made by the BUYER with credit card, the Product Price shall be returned to the related bank within 14 (fourteen) days after the cancellation of the order by the BUYER. The BUYER accepts in advance that, since the reflection of this amount to the BUYER's accounts after the return to the bank, is related to the transaction of the bank, the SELLER may not be able to intervene in any way for any possible delays and, that the amount returned to the credit card by the SELLER on the account of the BUYER, might take approximate 2-3 weeks to be reflected to the BUYER's account. For payments made by credit card in installments / due terms, the rules of the relevant application of the bank shall apply and the refund shall be made by the bank in installments / due terms.
If the BUYER using the right of withdrawal, made the payment by a payment method other than a credit card, the SELLER shall not be held liable in case of a delay in the refund due to reasons arising from the intermediary company providing the payment method.
6.5. Return of the Product within the period by the BUYER, is a prerequisite for the use of the right of withdrawal, and the BUYER shall not use the right of withdrawal unless the Product is returned.
6.6 Expenses arising from the use of the right of withdraw belongs to the SELLER.
6.7. Buyer accepts, declares and undertakes that, he/she acknowledges that, he/she cannot use his/her right of withdrawal in the cases specified in Article 15 of the Distance Contracts Regulation and in the following cases:
a) Contracts for goods or services which price varies depending on the fluctuations in the financial markets and, which are not under the control of the seller or the provider.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods which may be quick perishable or exceed the expiry date.
ç) Contracts for the delivery of goods of which protective elements such as packaging, tape, seal and box have been opened after the delivery, and of which return is not suitable for health and hygiene.
d) Contracts for goods which, after delivery, are mixed with other products and which, by their nature, cannot be separated.
e) Contracts on books, digital content and computer supplies provided in the material environment in case the protective elements such as packaging, tape, seal and box are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement.
g) Contracts for leisure time for the purpose of accommodation, transport of goods, car rental, food and beverage supply and entertainment or recreation, made at a specific date or period.
ğ) Contracts for services performed instantly in electronic environment or, intangible goods delivered immediately to the consumer.
h) Contracts for services to be executed before the end of the right of withdrawal, with the consent of the consumer.
j) Other goods and services accepted outside the scope of distant sales, pursuant to the relevant legislation.
If the SELLER cannot deliver the product subject to the contract within the period due to force majeure, that may prevent it from fulfilling this obligation or, due to extraordinary events such as weather opposition, interruption of transportation, fire, earthquake, flood, the BUYER can cancel the order or postpone the delivery period until the obstruction of the prohibitive condition, providing that without any liability of the SELLER. In case the BUYER cancels the order, the amount paid, shall be refund within 10 days. (for credit card installments, the above procedure is accepted by the BUYER for refund to the credit card)
ARTICLE 8 - CONFIDENTIALITY:
The information communicated to the SELLER by the BUYER, in order to make payments with the information specified in this agreement, shall not be disclosed to third parties by the SELLER. The SELLER may disclose such information only in the presence of administrative/legal obligation. Within the scope of any kind of judicial investigation, whose research license is documented, the SELLER, may provide the relevant authority if it holds the information requested. Credit Card information, shall never stored. Credit Card information is used only for the provision by being securely transmitted to the relevant banks during the collection process and, deleted from the system after the provision. The information of the BUYER such as e-mail address, mail address and telephone, shall only be used by the SELLER for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information, may be sent to the BUYER, after approval.
In case of disputes arising from this contract, the Consumer Arbitration at the place where the BUYER has purchased the goods or where the residence is located is authorized, up to the amount declared by the Ministry of Customs and Trade each year in December and, regarding the disputes exceeding the said amount, the courts of Consumer Arbitration at the place where the BUYER or the SELLER are located and, in case of absence, the Court of first instance at the place where the BUYER or the SELLER are located are authorized.
All articles of this Contract have been read and accepted by the BUYER and the SELLER and, this Contract has entered into force as of the date of approval by the BUYER electronically.
For payments made by wire transfer / EFT payment method, the moment of entry into force of the Contract is the moment when the payment reaches the SELLER's account. If the payment does not reach the SELLER for any reason after the Contract is approved electronically by the BUYER, the Contract shall be deemed to have never entered into force.