Distance Sales Agreement
Parties to the Contract
1.1. This Contract;
↳ Seller
Title: Minimono Bebek Ürünleri San. ve Tic. A.Ş. (hereinafter referred to as “Seller”)
Mersis No: 621032897
Notification Address: Eyüp Sultan Mah. Yadigar Sok. Otomer Galericiler Sitesi
H Blok No:40H İç Kapı No:9 Sancaktepe - İstanbul
E-mail: info@minimono.com
and
↳ Customer
Name Surname/Title: (hereinafter referred to as “Customer”)
Notification Address:
E-mail:
Phone:
Fax:
was concluded on the date of acceptance of the offer made online.
(In this Contract, the Seller and the Customer shall each be referred to separately as “Party” and collectively as “Parties”.)
Definitions
2.1. In the application and interpretation of this contract, the terms written below shall express the explanations written opposite them.
MINISTRY: The Ministry of Commerce of the Republic of Turkey,
LAW: Law on Consumer Protection numbered 6502,
REGULATION: Distance Contracts Regulation numbered 29188 dated 27.11.2014
PRODUCT: Baby products and similar goods to be sold under the Minimono brand, subject to purchase
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities,
CUSTOMER: A real 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,
ORDERER: A real or legal person who requests a good or service via the internet site belonging to the Seller,
PARTIES: The Seller and the Customer,
CONTRACT: The distance sales contract concluded between the Seller and the Customer,
refers to.
Subject of the Contract
3.1. The subject of this Contract is to regulate the rights and obligations of the Parties in accordance with the provisions of the Law on Consumer Protection numbered 6502 (“Law”) and the Distance Contracts Regulation numbered 29188 (“Regulation”) regarding the sale and delivery of products (“Product/Products”) ordered by the Customer electronically from the http://www.minimono.com.tr website (“Site”) of the Seller, which have the characteristics mentioned in the Contract and whose sales price is specified in the Contract.
3.2. The prices listed and advertised on the site are sales prices. The advertised prices are valid until they are updated and changed on the site. Prices announced for a limited period are valid until the end of the specified period.
Product or Service Subject to the Contract, Payment and Delivery
4.1. The type, quantity, brand, model, color, and sales price including VAT of the Product or Products that constitute the subject of this Contract are as stated below:
Statements, Rights and Obligations of the Parties
5.1. The Customer accepts, declares, and undertakes that the sales price including VAT and delivery costs of the Product or Products subject to this Contract will be borne by the Customer, that they have read and understood the pre-information form regarding the Seller's full trade name, address, and contact information correctly and completely, and that they have given the necessary approval electronically.
5.2. The Customer accepts, declares, and undertakes under the provisions of this Contract that they have knowledge of the basic characteristics, sales price, payment method, delivery conditions, and all other pre-information and the right of withdrawal regarding the Product or Products subject to sale, that they have confirmed this pre-information electronically, and then placed the order for the Product or Products.
5.3. Delivery of the Product or Products will be made as soon as possible after the stock is available and the price is credited to the Seller's account. The Seller accepts, declares, and undertakes to deliver the Product or Products to the delivery address specified by the Customer in this Contract, provided that it does not exceed 30 (Thirty) days from the order, depending on the distance of the Customer's place of residence.
5.4. The Seller accepts, declares, and undertakes that it is responsible for delivering the Product or Products subject to the Contract to the Customer completely, in accordance with the specifications stated in the order, and with any warranty certificates, user manuals, and information and documents required by the work.
5.5. If the Seller declares that it will cover the delivery fee for purchases exceeding the amount it specifies and announces on the Site, or that it will provide free delivery as part of a campaign, the delivery cost belongs to the Seller. However, if no declaration regarding free delivery has been made, the costs will be borne by the Customer.
5.6. The Customer shall inspect the Product or Products subject to the Contract during delivery but before receiving them; the Customer shall not accept damaged or defective Product or Products such as dented, broken, torn packaging, or similar from the cargo company.
5.7. The Customer accepts, declares, and undertakes that the Product or Products received from the cargo company have been delivered to them completely, undamaged, and intact. The obligation to protect the Product or Products carefully after delivery belongs to the Customer. If the right of withdrawal is exercised, the Product or Products in question should not be used. The invoice must also be returned. If the Product or Products returned using the right of withdrawal have been used, the Seller reserves the right not to accept the return of the Product or Products.
5.8. If the bank or financial institution concerned fails to pay the price of the Product or Products to the Seller due to unauthorized or unlawful use of the Customer's credit card by unauthorized persons after the delivery of the Product or Products, in a manner not caused by the Customer's fault, the Customer accepts, declares, and undertakes that they are obliged to send the Product or Products delivered to them to the Seller within 3 (three) days, and that the delivery expenses incurred in this case shall belong to the Customer.
5.9. If, for any reason, the price of the Product or Products is not paid or is canceled in the bank records, the Seller shall be deemed to have been released from its obligation to deliver the Product or Products subject to this Contract.
5.10. The Parties accept, declare, and undertake that if the Product or Products are to be delivered to a person/organization other than the Customer, the Seller shall not be responsible if the person/organization to be delivered does not accept the delivery.
5.11. If the Seller believes that the performance of the Product or Products has become impossible, it shall notify the Customer before the expiration of the performance period of the Contract. The paid amount and any documents shall be refunded to the Customer within 10 (Ten) business days.
5.12. The Seller cannot be held responsible for the non-delivery of the ordered Product or Products to the delivery address specified by the Customer in this Contract due to any problems encountered by the shipping company responsible for delivery during the delivery of the Product or Products to the Customer.
5.13. If the Seller cannot deliver the Product or Products subject to the Contract within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions, interruption of transportation that prevent delivery, it is obliged to notify the Customer of the situation. In this case, the Customer can exercise one of the rights to cancel the order, replace the Product or Products with an equivalent if available, and/or postpone the delivery period until the obstructive situation disappears.
If the Customer cancels the order, the amount paid will be refunded to them in cash and in full within 10 days.
5.14. If the Customer makes a purchase with a credit card and in installments, the installment method specified in this Contract is valid.
5.15. For payments made by the Customer with a credit card, the product amount will be refunded to the relevant bank within 7 days after the order is cancelled by the Customer. After this amount is refunded to the bank, its reflection on the Customer's accounts is entirely related to the bank's processing time, and the Seller cannot intervene in this matter in any way.
5.16. The Customer can use coupon codes earned for use on the site only once per order. If used 2 or more times, the order will be canceled, and the paid amount will be refunded.
5.17. The Seller reserves the right to stop the order if it deems necessary and if the information provided by the Customer does not match reality. If the Seller detects a problem with the order and cannot reach the Customer via the phone, e-mail, and postal addresses provided by the Customer, it will freeze the activation of the order for 15 (fifteen) days. The Customer is expected to contact the Seller regarding the matter during this period. If no response is received from the Customer during this period, the Seller will cancel the order to prevent harm to both parties.
Bank transfer orders that are not paid within 3 business days will be cancelled. If the same customer initiates two consecutive bank transfers and fails to make payment, the Seller reserves the right to cancel other bank transfer orders. The Seller may cancel other cash-on-delivery orders from a Customer who fails to receive a cash-on-delivery order twice.
5.18. Promotional products can only be exchanged for products included in the same promotion. If a promotional product is to be exchanged for a non-promotional product or products, since this matter will not be covered by the campaign, the remaining promotional product/products with the Customer will be evaluated at the seasonal price, and the remaining amount will be exchanged from the non-promotional category.
5.19. For returns of promotional products, all products included in the campaign purchased by the Customer must be sent to the Seller. If only a single product is sent to the Seller for the return of a promotional product or products; since the campaign will be exited, the remaining products with the Customer will be evaluated at the seasonal price, and the remaining amount will be refunded.
5.20. Any Customer who violates the provisions of this contract shall be personally liable, criminally and civilly, for such violation. The Seller shall not be liable for the legal and criminal consequences of these violations. Furthermore, the Seller reserves all rights of action and complaint due to such violation.
Right of Withdrawal
6.1. The Customer has the right to withdraw within 14 (Fourteen) days from the delivery of the Product or Products to the delivery address specified in this Contract, without having to show any reason. In return, the Customer does not have the right to request a product exchange. If the Customer is not satisfied with the product, they must follow the product return procedure by exercising their right of withdrawal. The Customer accepts, declares, and undertakes in advance that they are aware that product exchange will not be made.
6.2. To exercise the right of withdrawal, the Seller must be notified by e-mail within 14 (Fourteen) days, and the Product or Products desired to be returned must not have been used and must be suitable for re-sale by the Seller within the scope of the provisions of Article 6 of this Contract. In case of exercising the right of withdrawal:
1. The invoice for the Product or Products delivered to the delivery address specified by the Customer in this Contract (If the invoice for the Product or Products desired to be returned is corporate, it must be sent together with the return invoice issued by the institution. Order returns issued for institutions cannot be completed unless a RETURN INVOICE is issued).
2. Return form,
3. The Product or Products must be delivered to the Seller complete and undamaged, together with their box, packaging, and any standard accessories.
6.3. The price of the Product or Products shall be refunded to the Customer within 10 (Ten) business days following the receipt of the items listed in Article 6.2 by the Seller.
6.4. The entire shipping cost, including delivery to the Customer, for Product or Products returned for any reason within the period, will be borne by the Seller. In case of returns of products shipped with cash-on-delivery service, the service fee charged by the cargo company for the collection of the product price is not refunded.
6.5. When returning the Product or Products to the Seller, the original invoice presented to the Customer during delivery must also be returned to the Seller. If the invoice is not sent to the Seller together with the Product or Products or within 5 (Five) days at the latest from the shipment of the Product or Products, the return process will not be carried out, and the Product or Products will be sent back to the Customer as cash on delivery in the same manner.
6.6. The returned invoice will also be signed by the Customer with the phrase "return invoice" written on it.
6.7. In sales transactions made with cash or wire transfer, including the exercise of the right of withdrawal, the refund will be made to the bank account the Customer used when placing the order. Beyond this, the Customer cannot request the refund to be made to a bank account of a person other than the one used when placing the order via phone, e-mail, or other communication channels, unless the Customer physically comes to the Seller's business premises and declares a different account in writing on the return form. The Customer accepts the Seller's right to refuse to make a refund to a third-party account, including first-degree relatives.
Products for Which the Right of Withdrawal Cannot Be Exercised
The right of withdrawal cannot be used for goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery; and for products that are unsuitable for return for health and hygiene reasons.
Force Majeure
8.1. Situations that are not present or foreseen at the date of signing the Contract, that develop beyond the control of the parties, and that make it partially or completely impossible for one or both parties to fulfill their debts and responsibilities under the contract or to fulfill them on time (natural disaster, war, terrorism, rebellion, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.) will be considered as force majeure. The party experiencing force majeure will immediately and in writing notify the other party of the situation.
8.2. During the continuation of the force majeure, the parties shall not have any liability for their inability to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to unilaterally terminate the contract.
Default and Consequences
9.1. If the Customer defaults on their credit card payment, they accept, declare, and undertake that they will pay interest within the framework of the credit card agreement between them and the card-issuing bank, and that they will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand expenses and attorney's fees from the Customer, and in any case, if the Customer defaults on their debt, the Customer accepts, declares, and undertakes to pay the damages and losses incurred by the Seller due to the delayed performance of the debt.
Competent Court
10.1. In disputes arising from this contract, the Consumer Arbitration Committees in the Customer's place of residence are authorized up to the value declared by the Ministry of Commerce, and for disputes above these values, the Consumer Courts and Enforcement Offices in the Customer's place of residence are authorized.
Notifications
11.1. All notifications, warnings, and official communications to be made under this Contract shall be sent to the addresses of the Parties specified in Article 1 of this Contract via e-mail, explanatory cargo shipment, registered mail with return receipt, or notary public. The Parties agree that the addresses specified in the Contract are legal notification addresses, and that notifications made to these addresses shall be valid unless a change of address is notified to the other party five (5) business days in advance. All notifications made by the Seller within the scope of this Contract shall be deemed to have reached the Customer 1 (one) day after being sent, and all notifications sent by the Customer to the Seller within the scope of this Contract shall be valid from the day they are deemed to have been notified according to Turkish Laws.
Final Provisions
12.1. This Contract consists of 12 (Twelve) articles and was concluded by the Parties on _____. The pre-information form and invoice located on the payment page of the http://www.minimono.com.tr website are integral parts of this Contract. The Parties accept, declare, and undertake that they have read and accepted the entire Contract, that the information provided by them herein is correct, and that all contract provisions are valid. The Customer who approves this Contract through the specially designed infrastructure of the Site is deemed to have accepted all conditions of the Contract.
12.2. The Customer is deemed to have accepted all terms of this contract when they make the payment for the Product or Products they have ordered through the site.
Seller: Minimono Bebek Ürünleri San. ve Tic. A.Ş.
Customer: