Distance Sales Agreement
Article 1- Parties
1.1. Seller
Name : Marble Act
Address: Kurtuluş Mah.Ulus Cd. No:6 G block Dükkan:1 Nilüfer / BURSA
Telephone: +905376194637
Email: info@marbleact.com
1.2. Recipient
Name - surname/TC.No
Address:
Telephone:
E-mail:
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 Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically from the SELLER's www.marbleact.com website.
The buyer, the seller's name, title, open address, telephone and other access information, the basic qualities of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, the official authorities to which they can send their complaints and objections, etc. that they have been informed by the seller in a clear, understandable and internet environment, confirms this preliminary information electronically and then orders the goods. accepts and declares that he / she accepts and declares in accordance with the provisions of this contract.
The preliminary information on www.marbleact.com and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3- Contractual Product/Payment/Delivery Information
The type and type, quantity, brand / model, sales price, payment method, delivery address, delivery address, invoice information, shipping fee of the product / products purchased electronically are as follows. The person to be invoiced and the person who makes the contract must be the same. The information below must be correct and complete. The buyer agrees to fully cover the damages arising from situations where this information is not correct or incomplete, and also accepts any liability that may arise from this situation.
The SELLER reserves the right to stop the order when it deems necessary, when the information provided by the BUYER does not correspond to reality. In cases where the SELLER detects a problem in the order, if the BUYER cannot reach the BUYER at the telephone, e-mail and postal addresses provided by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order in order to prevent damage to both parties.
Product(s) Received
Name, code : ... quantity
Total Sale Price : .... -TL
Payment Method : Credit Card / Bank Transfer (EFT)
Person to be delivered to :
Phone Number :
Address to be delivered to :
Person / Institution to Invoice :
Invoice Address :
Tax Office :
Tax Registration Number :
Shipping Fee : ...-TL
Article 4- Contract Date and Force Majeure
The contract date is the date of .../.../...., which is the date the order is placed by the buyer.
Situations that do not exist or were not foreseen on the date of signing the contract, that develop beyond the control of the parties, that make it impossible for one or both of the parties to fulfill their obligations and responsibilities assumed by the contract partially or completely or to fulfill them on time, will be considered as force majeure (Natural disaster, war, terrorism, insurrection, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs shall notify the other party immediately and in writing.
During the continuation of force majeure, no liability shall arise due to the failure of the parties to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the Seller
5.1. The Seller accepts and undertakes to fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, except in cases of force majeure.
5.2. Persons under the age of 18 (eighteen) cannot shop on the www.marbleact.com website. The seller shall be based on the correct age of the buyer specified in the contract. However, the seller will not be held responsible in any way due to the buyer's misspelling of the buyer's age.
5.2. www.marbleact.com is not responsible for price inaccuracies caused by system errors. Accordingly, the seller is not responsible for promotional and price errors that may arise from the system, design or illegal interventions that may be made to the website. The buyer cannot claim rights from the seller based on system errors.
5.3. Purchases from www.marbleact.com can be made by credit card (Visa, MasterCard, etc.) or bank transfer. Orders not remitted within one week from the date of order will be canceled. The time for processing orders is not the moment the order is placed, but the moment the credit card account is charged or the wire transfer (EFT) is received in the bank account. Payment methods such as prepaid shipping or postal checks, which are carried out without contacting customer service, are not accepted.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fulfill the obligations imposed on him in the contract in full, except for force majeure.
6.2. The Buyer accepts and undertakes that by placing an order, he/she is deemed to have accepted the provisions of the contract and that he/she will make the payment in accordance with the payment method specified in the contract.
6.3. The buyer accepts and declares that he / she has the name, title, open address, telephone and other access information of the seller from the website www.marbleact.com, the basic qualities of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. all preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to exercise this right, the official authorities to which they can send their complaints and objections, etc. He / she accepts and declares that he / she has information in a clear, understandable and internet environment and confirms this preliminary information electronically.
6.4. Depending on the previous article, the Buyer declares that he / she has read and informed the www.marbleact.com order / payment / usage procedure information, which includes product order and payment terms, product usage instructions, precautions and warnings against possible situations, and that he / she has given the necessary confirmation electronically.
6.5. The Buyer accepts and undertakes not to damage the product and its packaging in any way whatsoever in case he/she wants to return the product he/she has purchased, and to return the original invoice and delivery note at the time of return.
Article 7- Order/Payment Procedure
Order
After the TL amount including VAT (total installment amounts in installment transactions) of the products added to the shopping cart is approved by the buyer, it is processed through the pos of the relevant bank card. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment is not made before the Order Confirmation mail is sent.
Any disruptions in the process or problems that may arise with the credit card are notified to the buyer by using one or more of the phone / fax / e-mail ways specified in the contract. If necessary, the buyer may be asked to contact his/her bank. The time of processing of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or it is determined that the transfer (EFT) has reached the seller accounts.
In the event that it is understood that the goods subject to the contract cannot be supplied for an exceptionally justified reason and / or a stock problem is encountered, if the buyer is immediately informed and approved in a clear and understandable manner, another good of equal quality and price may be sent to the buyer or in line with the buyer's desire and choice; another new product may be sent, the product may be expected to enter the stocks or other obstacles to delivery to be eliminated and / or the order may be canceled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer shall be notified of this situation and the total amount paid and any documents that put him under debt, if any, shall be returned to him within ten days at the latest and the contract shall be canceled. In such a case, the buyer shall not claim any additional material and moral damage from the seller.
Payment
At www.marbleact.com, cash order options are offered to buyers who do not want to use their credit card information on the internet. In payment by wire transfer, the buyer can choose the most suitable bank and make the transfer. If EFT is made, the date of receipt will be taken into account. When making a wire transfer and/or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written.
After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or unlawful use of the credit card of the Buyer by unauthorized persons in a way that is not caused by the fault of the Buyer, the Buyer is obliged to send the product delivered to him to the Seller within 10 days. In such cases, transportation expenses belong to the Buyer.
If the buyer has preferred to pay by credit card, the BUYER agrees, declares and undertakes that he / she will confirm the relevant interest rates and default interest from his / her bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER.
Article 8- Shipment/Delivery Procedure
Shipment
With the sending of the order confirmation e-mail, the product / products are given to the shipping company contracted by the seller.
Delivery
The product / products will be delivered to the buyer's address with the cargo contracted by the seller. The delivery period is 45 days from the sending of the Order confirmation e-mail and the conclusion of the contract. This period may be extended for a maximum of ten days, provided that the buyer is notified in advance in writing or by a continuous data carrier.
The Products are sent with telephone notification to the regions where the Carriers do not deliver to the address.
In the regions where the Cargo Company delivers one day a week, in cases of inaccuracy and incompleteness in the shipping information, in cases such as some social events and natural disasters, there may be a sagging in the specified day period. The buyer cannot impose any responsibility on the seller due to these sags. If the product will be delivered to a person / organization other than the Buyer, the seller is not responsible for the extra shipping costs that may arise from the person / organization to be delivered not accepting the delivery, inaccuracy in the shipping information and / or the Buyer's absence. If the product/products have not reached the customer within the specified days, delivery problems should be reported immediately to customer service by using the e-mail address info@marbleact.com.
In case of damaged package; Damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to have the package opened there to check that the products are delivered undamaged and to request that the situation be determined by a report. After the package is received by the Buyer, it is accepted that the Cargo Company has fully fulfilled its duty. If the package is not accepted and a report is made, the situation should be reported to the seller Customer Service as soon as possible with the copy of the report remaining with the Buyer.
Article 9- Procedure for Product Return and Right of Withdrawal
The buyer has the right to withdraw from the contract within fourteen days after receiving the goods without any justification and without penalty. In accordance with the 385 numbered tax procedure law general communiqué, in order for the return transactions to be made, the buyer must fill in the return sections at the bottom of the 2 invoices of the seller delivered with the goods completely and correctly, sign and send one copy to the seller with the product and keep the other copy in his possession. The right of withdrawal period starts from the day the goods are delivered to the buyer. The cost of returning the returned product or products must be covered by the buyer.
There is no right of withdrawal for goods that are prepared in accordance with the wishes of the buyer and / or clearly in line with his personal needs.
In the event that the buyer exercises the right of withdrawal, the seller shall return the total price received and any documents that put the consumer under debt, if any, within ten days at the latest from the receipt of the invoice containing the withdrawal notification together with the product, without any expense to the consumer.
The decrease in the value of the goods received or the existence of a reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or impossibility of return is due to the fault of the consumer, the seller must compensate the seller for the value of the goods or the decrease in value.
The general return period is 14 days for each product purchased by mistake. Within this period, the return of unpacked, used, destroyed, etc. products is not accepted. The return must be made with the original packaging.
In cases where any opening, deterioration, breakage, breakage, destruction, destruction, tearing, use and other situations are detected in the product and its packaging and if the product cannot be returned in the state in which it was delivered to the buyer, the product will not be returned and the price will not be refunded.
For product return, the situation must first be communicated to customer service. Information about the return of the product is sent to the customer by the seller. After this meeting, the product must be delivered to the seller through the Cargo company that delivers to the recipient address together with the invoice containing information about the return. If the returned product that reaches the seller meets the conditions specified in this contract, it is accepted as a return, and the refund is made to the buyer's credit card / account. No refund is made without returning the product. The period of reflection of the refunds made to the Credit Card to the credit card accounts is at the disposal of the relevant bank.
If the purchase was made by credit card and in installments, the credit card refund procedure will be applied as follows: If the buyer has requested to purchase the product in installments, the Bank will reimburse the buyer in installments. After the seller pays the full amount of the product price to the bank in a single payment, in the event that the installment expenditures made from the Bank's POS are refunded to the buyer's credit card, the requested refund amounts are transferred to the bearer party accounts by the Bank in installments in order to prevent the parties involved in the matter from being victimized. The installment amounts paid by the buyer until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 (one) refund will be reflected on the card every month, and the buyer will receive the installments paid before the return after the installments of the sale are over, as many months as the number of installments paid before the return and will be deducted from the existing debts.
In the event of the return of goods and services purchased with the card, the seller cannot pay the buyer in cash in accordance with the contract with the Bank. In case of a return transaction, the merchant, i.e. the seller, will make the return through the relevant software, and since the merchant, i.e. the seller, is obliged to pay the relevant amount to the Bank in cash or in offset, the buyer cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer pays the price to the Bank in one lump sum.
Article 10- Confidentiality
The seller will only be able to disclose this information within the framework of the existence of an administrative / legal obligation. Within the scope of any judicial investigation with a documented investigative capacity, the seller may provide the relevant authority if he / she has the information requested from him / her.
Credit Card information is never stored, Credit Card information is only used for obtaining authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization.
Information such as e-mail address, postal address and telephone of the buyer is only 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.
The information specified by the buyer in this contract and the information notified to the seller for the purpose of making payment will not be shared by the seller with third parties.
Article 11- Competent Courts and Enforcement Offices in Case of Dispute
In case of disputes arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the settlement of the Seller are authorized up to the value announced by the Ministry of Industry and Trade in December each year.