1. PARTIES

This Agreement is executed between the parties named below under the terms and conditions set forth herein.

“BUYER”; (hereinafter referred to as the “BUYER”)

NAME – SURNAME:
ADDRESS:

“SELLER”; (hereinafter referred to as the “SELLER”)

COMPANY NAME: MEYRO TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ
ADDRESS: 75. YIL MAH. İSTİKAL CAD. NO:58 FLOOR:3 SULTANGAZİ / ISTANBUL

By accepting this agreement, the BUYER acknowledges in advance that, if the order subject to the agreement is approved, the BUYER will be under the obligation to pay the price of the order and any additional fees specified such as shipping charges and taxes, and that the BUYER has been informed in this regard.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below shall have the meanings set forth opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law No. 6502 on the Protection of Consumers,

REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

SERVICE: Any subject of consumer transactions other than the supply of goods, performed or undertaken to be performed for a fee or benefit,

SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or for the account of the one who offers goods,

BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The internet site belonging to the SELLER,

ORDERING PARTY: The natural or legal person who requests a good or service through the internet site belonging to the SELLER,

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement executed between the SELLER and the BUYER,

GOOD: Movable property subject to purchase and intangible goods such as software, sound, images and the like prepared for use in electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties pursuant to the Law No. 6502 on the Protection of Consumers and the provisions of the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically via the internet site belonging to the SELLER.

The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.

4. SELLER INFORMATION

Title: MEYRO TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: 75. YIL MAH. İSTİKLAL CAD. NO:58 FLOOR:3 SULTANGAZİ / ISTANBUL
Telephone: 0850 840 97 96
Fax: -
E-mail: [email protected]

5. BUYER INFORMATION

Person to be delivered:
Delivery Address:
Telephone:
Fax:
E-mail/username:

6. INFORMATION ON THE ORDERING PARTY

Name/Surname/Title:

Address:
Telephone:
Fax:
E-mail/username:

7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT

7.1. The basic characteristics of the good(s)/product(s)/service(s) (type, quantity, brand/model, color, number) are published on the internet site belonging to the SELLER. If a campaign is organized by the Seller, you may review the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.

7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.

7.3. The sales price of the goods or services subject to the Agreement including all taxes is shown below.

Product Description

Quantity

Unit Price

Subtotal
(VAT Included)

Shipping Amount

Total:

Method and Plan of Payment:

Delivery Address:

Person to be Delivered:

Invoice Address:

Order Date:

Delivery Date:

Delivery Method:

7.4. The shipping fee, which is the product dispatch cost, shall be borne by the BUYER.

8. INVOICE INFORMATION

Company Title:

Address:
Telephone:
Fax:
E-mail/username:
Invoice delivery: The invoice will be delivered to the invoice address together with the order at the time of order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares and undertakes that the BUYER has read and become informed about the basic characteristics of the product subject to the agreement, the sales price and the method of payment, and the preliminary information regarding delivery on the internet site belonging to the SELLER, and has given the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER accepts, declares and undertakes that the BUYER has obtained the address that must be given to the BUYER by the SELLER prior to the conclusion of the distance sales contract, the basic characteristics of the products ordered, the price of the products including taxes, and the payment and delivery information accurately and completely.

9.2. Each product subject to the agreement shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.

9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement completely, in accordance with the specifications stated in the order, together with the warranty certificates, user manuals and other information and documents required by the nature of the work, to perform in accordance with the legal legislation requirements, free from all defects, in a sound manner and in compliance with standards, on the basis of accuracy and honesty, to maintain and improve service quality, to exercise the necessary care and diligence during the performance of the work, and to act with prudence and foresight.

9.4. Before the expiry of the period for the SELLER’s performance obligation arising from the agreement, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining the BUYER’s explicit approval.

9.5. In the event that the performance of the product or service subject to the order becomes impossible and the SELLER cannot fulfill its obligations under the agreement, the SELLER accepts, declares and undertakes to notify the consumer of this situation in writing within 3 days from the date on which the SELLER becomes aware of it and to refund the total price to the BUYER within 14 days.

9.6. The BUYER accepts, declares and undertakes that, in order for the delivery of the product subject to the Agreement, the BUYER shall confirm this Agreement electronically, and that in the event that the price of the product subject to the agreement is not paid for any reason and/or is canceled in bank records, the SELLER’s obligation to deliver the product subject to the agreement shall terminate.

9.7. After the delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address indicated by the BUYER, if the price of the product subject to the agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER accepts, declares and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the transportation expense to be borne by the SELLER.

9.8. If the SELLER cannot deliver the product subject to the agreement within the time due to force majeure events such as situations that develop beyond the will of the parties, cannot be foreseen in advance, and prevent and/or delay the fulfillment of the obligations of the parties, the SELLER accepts, declares and undertakes to inform the BUYER of the situation. The BUYER has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the agreement with its equivalent if any, and/or the postponement of the delivery period until the obstructive situation is eliminated. In the event of cancellation of the order by the BUYER, in payments made by the BUYER in cash, the product amount shall be paid to the BUYER in cash and in a lump sum within 14 days. In payments made by the BUYER by credit card, the product amount shall be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount refunded by the SELLER to the credit card to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, that the reflection of this amount to the BUYER’s accounts after its return to the bank is completely related to the bank’s transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to contact the BUYER via letter, e-mail, SMS, telephone call and other means through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later, for communication, marketing, notification and other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may conduct the communication activities directed at the BUYER as specified above.

9.10. The BUYER shall inspect the goods/service subject to the agreement before accepting delivery; the BUYER shall not accept from the cargo company any goods/services that are damaged and defective such as dented, broken, with torn packaging, etc. The goods/services accepted shall be deemed to be undamaged and intact. After delivery, the obligation to carefully protect the goods/services belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.

9.11. If the holder of the credit card used at the time of order is not the same person as the BUYER, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the statement for the previous month of the credit card used in the order, or a letter from the bank of the card holder stating that the credit card belongs to him/her. The order will be frozen during the period until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not fulfilled within 24 hours, the SELLER shall have the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the internet site belonging to the SELLER are accurate, and that the BUYER shall immediately, in cash and in full, indemnify all damages that the SELLER may incur due to the untruth of such information, upon the SELLER’s first notification.

9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them while using the internet site belonging to the SELLER. Otherwise, all legal and criminal obligations that may arise shall be completely and exclusively binding on the BUYER.

9.14. The BUYER may not use the internet site belonging to the SELLER in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an unlawful purpose, or in a way that infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

9.15. Links may be provided on the internet site belonging to the SELLER to other websites and/or other contents that are not under the control of the SELLER and/or owned and/or operated by third parties. These links are placed for the convenience of the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

9.16. The member who violates one or more of the articles specified within this agreement shall be personally responsible legally and criminally for such violation and shall keep the SELLER free from the legal and criminal consequences of such violations. Furthermore; in case the incident is brought into the field of law due to such violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. In the case of a distance contract relating to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address indicated, by notifying the SELLER, without any legal or criminal liability and without any justification. In distance contracts relating to the provision of services, this period begins on the date the contract is signed. In service contracts where the performance of the service has begun with the consumer’s consent before the expiry of the withdrawal period, the right of withdrawal cannot be exercised. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER is deemed to have been informed in advance about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail with return receipt, fax or e-mail within the 14 (fourteen) day period, and the product must not have been used within the framework of the provisions of “Products for Which the Right of Withdrawal Cannot Be Used” regulated in this agreement. In the event that this right is exercised,

a) The invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is issued to a corporation, it must be sent back with the return invoice issued by the corporation. Returns of orders invoiced to corporations cannot be completed unless a RETURN INVOICE is issued.)

b) The return form,

c) The products to be returned must be delivered complete and undamaged together with their box, packaging and, if any, standard accessories.

d) The SELLER is obliged to refund the total amount and return the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the date of receipt of the withdrawal notification, and to take back the goods within 20 days.

e) If there is a decrease in the value of the goods due to a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages proportionally to the BUYER’s fault. However, the BUYER is not responsible for changes and deterioration that occur due to the proper use of the goods or the product within the withdrawal period.

f) If the campaign limit amount organized by the SELLER is fallen below due to the use of the right of withdrawal, the amount of the discount benefited within the scope of the campaign shall be canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Products prepared in line with the BUYER’s request or clearly in line with the BUYER’s personal needs and not suitable for return, lower parts of underwear, lower parts of swimsuits and bikinis, makeup materials, single-use products, goods that are in danger of spoiling quickly or may expire, products that are not suitable to be returned for reasons of health and hygiene if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines other than those provided under a subscription agreement, services performed instantly in electronic environment or non-material goods delivered instantly to the consumer, and if the packaging of audio or video recordings, books, digital content, software programs, data storage and data storage devices, computer consumables is opened by the BUYER, their return is not possible pursuant to the Regulation. In addition, pursuant to the Regulation, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer’s approval before the expiry of the right of withdrawal.

For cosmetic and personal care products, underwear products, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returnable, their packaging must be unopened, untested, undamaged and unused.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER falls into default when making payment transactions by credit card, the BUYER accepts, declares and undertakes that the BUYER shall pay interest within the framework of the credit card agreement between the BUYER and the card-issuing bank and shall be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the costs and attorney’s fees from the BUYER, and in any case, if the BUYER falls into default due to the BUYER’s debt, the BUYER accepts, declares and undertakes to compensate the SELLER’s damages and losses arising from the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this agreement, complaints and objections shall be made to the consumer problems arbitration committee or the consumer court at the location of the consumer’s residence or where the consumer transaction is made, within the monetary limits specified in the law below.

As of 28/05/2014:

a) Pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers, disputes with a value below 2,000.00 (two thousand) TL shall be submitted to the district consumer arbitration committees,

b) Disputes with a value below 3,000.00 (three thousand) TL shall be submitted to the provincial consumer arbitration committees,

c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL shall be submitted to the provincial consumer arbitration committees.
This Agreement is made for commercial purposes.

14. ENFORCEMENT

When the BUYER makes the payment for the order placed through the Site, the BUYER is deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation on the Site that this agreement has been read and accepted by the BUYER before the order is placed.

SELLER: MEYRO TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ (ZESYNA)

BUYER:

DATE: