DISTANT SALES CONTRACT

1. PARTIES

This present Contract is entered into by the following parties under the following terms and conditions. 

1. ‘BUYER’; (hereinafter referred to as the “BUYER”)

NAME – LAST NAME:
ADDRESS:

2. ‘SELLER’; (hereinafter referred to as the “SELLER”)

NAME: MSC Gıda Ürünleri İnşaat Tekstil San. ve Tic. A.Ş.

ADDRESS: Balmumcu Mah. Barbaros Bulvarı Morbasan Sk. Koza iş Mrkz. C Blok No:14 K:12 Beşiktaş/Istanbul

Agreeing this present contract, the BUYER agrees in advance that he will be under obligation of paying order subject price and courier fee, if any, and additional charges specified like taxes in the event of approving contract subject order and he is informed on this matter. 

2. DEFINITIONS

The following terms will have the following meanings in enforcement and interpretation of this present contract.

MINISTER: will mean the Minister of Customs and Commerce,

MINISTRY: will mean the Ministry of Customs and Commerce,

LAW: will mean Consumer Protection Law no. 6502,

REGULATION: will mean Distant Contracts Regulation (OG: 27.11.2014/29188)

SERVICE: will mean subject of any consumer transaction performed or undertaken to be performed in consideration of a fee or interest other than providing merchandise,

SELLER: will mean the company offering merchandise to consumers under its commercial or professional activities or acting for and on behalf of merchandise offerer,

BUYER: will mean any real or legal person who acquires, uses or benefits from a merchandise or service for non-commercial or non-professional purposes,
SITE: will mean internet site owned by the SELLER,

ORDERING PARTY: will mean any real or legal person who requests a merchandise or service via the internet site owned by the SELLER,

PARTIES: will mean the SELLER and the BUYER,
CONTRACT: will mean this present contract concluded between the SELLER and the BUYER,

MERCHANDISE: will mean portable item subject of shopping and software, audio, video and similar intangible merchandise prepared to be used electronically, 

3. SUBJECT

This present Contract regulates rights and obligations of the parties as per provisions of the Consumer Protection Law no. 6502 and Regulation regarding Distant Contracts in connection with sale and delivery of the product with following qualities and sale price for which the BUYER placed an order electronically via the internet site owned by the SELLER.  

Prices listed and announced at the site are sale prices. Prices announced and promises will be valid until update and modification. Prices announced temporarily will be valid until end of period specified.

4. SELLER INFORMATION

Name: MSC Gıda Ürünleri İnşaat Tekstil San. ve Tic. A.Ş.

Address: Balmumcu Mah. Barbaros Bulvarı Morbasan Sk. Koza iş Mrkz. C Blok No:14 K:12 Beşiktaş/Istanbul

Telephone: 0212 800 52 52

E-mail: info@mixmey.com

5. BUYER INFORMATION

Person to be delivered
Delivery address
Telephone
Fax
E-mail/user nam

6. ORDERING PERSON INFORMATION

Name/Last Name/Business Name
Address
Telephone
Fax
E-mail/user name

7. CONTRACT SUBJECT PRODUCT(S) INFORMATION

1. Main features (type, quantity, make/model, color, number) of Merchandise/Product(s)/Service are posted at the internet site owned by the SELLER. If a campaign is organized by the Seller, you can review main features of relevant product during campaign. Valid until campaign date.


7.2. Prices listed and announced at the site are sale prices. Prices announced and promises will be valid until update and modification. Prices announced temporarily will be valid until end of period specified.

7.3. Sale price of contract subject merchandise or service inclusive of all taxes is as follows. 

Product Description

Number

Unit Price

Sub-total
(VAT Included)
Courier Fee

Total:

Mode and Plan of Payment

Delivery Address

Person to be delivered

Invoice Address

Order Date

Delivery date

Mode of delivery

7.4. Courier fee which is product shipment cost will be paid by the BUYER

8. INVOICE INFORMATION

Name/Last Name/Business Name

Address
Telephone
Fax
E-mail/user name
Invoice delivery: Invoice will be delivered during order delivery at invoice address along with order.

9. GENERAL PROVISIONS

9.1. The BUYER agrees, represents and undertakes that the BUYER read and is informed of main qualities, sale price and preliminary information regarding mode of payment and delivery of contract subject product at the internet site owned by the SELLER; he has given necessary confirmation electronically. Upon confirmation of the BUYER of Preliminary Information electronically, he agrees, represents and undertakes that prior to conclusion of distant sales contract, he also acquired correctly and completely address, main features of products for which order is placed, prices of products inclusive of taxes, payment and delivery information required to be given by the SELLER to the BUYER.
9.2. Each contract subject product will be delivered to the BUYER or person and/or organisation at the address indicated by the BUYER within duration specified at preliminary information part at the internet site depending on distance of the BUYER’s domicile, provided that 30-day legal duration is not exceeded. In case of failure to deliver product to the BUYER during such duration, the BUYER’s right to terminate the contract is reserved.
9.3. The SELLER agrees, represents and undertakes to deliver Contract subject product completely, in accordance with qualities specified at order and together with warranty cards, user manuals, information and documents required by work, if any, free of any defects, intact according to requirements of legal legislation, in conformity with standards, to perform work within principles of truth and integrity, to maintain and upgrade service quality, to pay necessary attention and care during performance of work, to act with caution and prudence. 
9.4. The SELLER can provide a different product at same quality and price by informing the BUYER and taking his express consent before expiry of obligation of performance arising from the contract.
9.5. If the SELLER fails to fulfill his contract subject obligations in case fulfillment of contract subject product or service becomes impossible, he agrees, represents and undertakes that he will notify this to consumer in writing within 3 days from date of learning and will refund total price to the BUYER within 14-day duration. 

9.6. The BUYER agrees, represents and undertakes that he will confirm this present Contract electronically for delivery of Contract subject product, in case of failure to pay price of contract subject product and/or cancellation at bank records due to any reason whatsoever, obligation of the SELLER to deliver contract subject product will cease. 

9.7. The SELLER is entitled to contact the BUYER with letter, e-mail, SMS, phone call and other methods via address, e-mail address, landline and mobile phone lines and other contact details specified by the BUYER at form of registration to the site and updated later by himself for communication, marketing, notice and other purposes. The BUYER, agreeing this present contract, agrees and represents that the SELLER may carry out above-mentioned communication activities towards him.

9.8. In the event the BUYER and holder of credit card used during order are not same persons or discovery of security breach regarding credit card used at order prior to delivery of product to the BUYER, the SELLER may request from the BUYER to submit identity and contact details of credit card holder, previous month statement of credit card used at order or a letter from card holder’s bank that credit card belongs to him. Order will be frozen during time that will elapse until the BUYER provides request subject information/documents, in the event said requests are not satisfied within 24 hours, the SELLER will be entitled to cancel order. 

9.12. The BUYER agrees and undertakes that his personal or any other information submitted while becoming a member of the internet site owned by the SELLER is true, he will indemnify any loss incurred by the SELLER due to misrepresentation of such information promptly, in cash and at a single installment upon first notice from the SELLER. 
9.9. The BUYER agrees and undertakes in advance to comply with and not to breach legal legislation provisions while using the internet site owned by the SELLER. Otherwise, any legal and penal obligations arising will bind the BUYER completely and exclusively

9.10. The BUYER may not use the internet site owned by the SELLER under no circumstances disrupting public order, disorderly, harassing and abusing others, in a form to violate pecuniary and non-pecuniary rights of others. Further, member may not perform activities, acts preventive of others or complicating to use services (spam, virus, Trojan horse, etc.).

9.11. Links may be given via the internet site owned by the SELLER to other websites not controlled by the SELLER and/or owned and/or operated by other third parties and/or other contents. Such links are placed for the purpose of ensuring facility to direct to the BUYER, they do not support any website or person who operates such site and does not bear quality of any guarantee for information contained by website to which link is given. 

9.12. A member who breaches one or more articles listed within this present contract will be personally responsible criminally and legally due to such breach, he will hold the SELLER harmless from legal and penal consequences of such breaches. Further, if incident is submitted to field of law due to such breach, the SELLER’s right to claim damages from the member because of failure to comply with membership contract is reserved. 

10. RIGHT OF WITHDRAWAL:

The BUYER agrees and represents that the BUYER may not exercise such right after affecting payment for an order placed via the site.

12. DEFAULT AND ITS LEGAL CONSEQUENCES

If the BUYER defaults when he made payment transactions with credit card, he agrees, represents and undertakes that he will pay interest under credit card contract with card issuer bank and the Buyer and will be responsible towards bank. In this case, bank may take legal action; may request costs that will be incurred and attorney’s fee from the BUYER and under all circumstances in case BUYER defaults due to his debt, the BUYER agrees to pay loss and damage incurred by the SELLER because of delayed discharge of debt.

13. COMPETENT COURT

In case of disputes arising out of this present contract; complaints and objections will be filed to arbitration committee for consumer problems or consumer court where consumer is domiciled or consumer transaction has been performed, within monetary limits specified at the following law. Information regarding monetary limit is as follows:

To be effective as of 28/05/2014, applications will be filed:

a) As per article 68 of Consumer Protection Law no. 6502, in case of disputes worth below TRY 2.000,00 (twothousand), to district consumer arbitration committees,

b) In case of disputes worth below TRY 3.000,00 (threethousand), to province consumer arbitration committees,

c) While at provinces in metropolitan status, in case of disputes worth between TRY 2.000,00 (twothousand) and TRY 3.000,00 (threethousand), to province consumer arbitration committees.
This present contract is made for commercial purposes.

14. EFFECT

The BUYER will be deemed agreed all terms of this present contract when he affects payment for order placed via the Site. The SELLER will be obliged to make necessary software arrangements in a way to take approval regarding that this present contract is read and agreed by the BUYER at the site prior to placing an order.

The SELLER: MSC Gıda Ürünleri İnşaat Tekstil San. ve Tic. A.Ş.

The BUYER

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