DISTANCE SALES CONTRACT
This Agreement regulates the rights and obligations of the parties regarding the sale-delivery to the BUYER of the following products/services ("Product(s)") that the BUYER (Consumer) wishes to purchase by placing an order on the SELLER's www.minaliva.com electronic commerce website (all of the above-mentioned channels will hereinafter be referred to as "INTERNET SITE"), including the cases where the BUYER (Consumer) makes transactions with the application, phone, whatsapp line on his mobile device, and other issues. After the BUYER approves this Agreement on the WEBSITE, the price and costs of the Product(s) ordered shall be collected by the payment method he/she chooses.
Article 1 - PARTIES
SELLER
Title : Aras Kendirli
Address : Esentepe Mah. Büyükdere Cad. Metro City Shopping Mall Entrance No:171-45 Şişli / ISTANBUL
Telephone : 0212 282 81 51
Mobile : +90 554 576 52 88
E-mail : info@minaliva.com
Bank Account : Garanti - TR54 0006 2000 4010 0006 6485 49
RECIPIENT
Name, Surname/
Title :
Address :
Telephone :
E-mail :
Article 2 - CONTRACT SUBJECT PRODUCT, PRICE, PAYMENT AND DELIVERY
The Type and Type of Products (goods / services), Quantity, Brand / Model / Color, Unit Price (s) and Sales Price and Payment (collection) Information and Delivery Information including the delivery location notified by the BUYER are as follows. If the cargo company that will make the delivery does not have a branch in the place where the BUYER is located, the BUYER must receive it from another nearby branch to be notified by the SELLER (The necessary information to the BUYER in this regard will be made by e-mail / e-mail, SMS or telephone). Other issues related to delivery are specified in Article 7 of the Agreement below
Product/Service Description Price
Delivery Information
Payment Method CREDIT / BANK CARD
Card Number
Delivery Address :
Invoice Information :
Person to be Delivered to :
Invoice Address :
Telephone :
E-Mail :
Article 3 - INFORMATION PROVIDED TO THE BUYER IN ADVANCE
The BUYER acknowledges, upon acceptance of this Agreement on the WEBSITE, the establishment of this Agreement by the BUYER on the WEBSITE, and before entering into any order or payment obligation, that they have reviewed and informed themselves by examining all general-specific explanations on the relevant pages-sections of the WEBSITE.
- The name and contact information of the SELLER, as well as current identifying information,
- The stages of the sales transaction during the purchase of the Product(s) from the WEBSITE and the tools-methods for correcting incorrectly entered information,
- Electronic communication information where the BUYER can obtain information about the professional rules of the Chamber of Commerce to which the SELLER belongs (ITO-Istanbul Chamber of Commerce) and the rules of conduct prescribed by ITO for the profession (Phone: 4440486, www.ito.org.tr)
- Privacy, data usage-processing for BUYER information applied by the SELLER, electronic communication rules for the BUYER, permissions granted by the BUYER to the SELLER regarding these matters, legal rights of the BUYER, rights of the SELLER, and procedures for using the rights of the parties,
- Shipment restrictions for the Products set by the SELLER,
- Accepted payment methods-tools for the information of the BUYER regarding the Products, including the total price with taxes (including all expenses the BUYER will pay to the SELLER),
- Information about shipping-delivery-cargo costs and methods related to the delivery of the Products to the BUYER, as well as other payment/collection and delivery information related to the performance of the Agreement, responsibilities of the parties in these matters,
- Products for which the BUYER does not have the right of withdrawal and other goods-services,
- Conditions, duration, and procedure for exercising the right of withdrawal by the BUYER, and the consequences if the right is not exercised within the specified period,
- In cases where the right of withdrawal is applicable for the Products, the BUYER may lose the right of withdrawal if the Product is damaged or altered due to improper use within the withdrawal period, and in any case, the SELLER may deduct an appropriate amount from the refund to the BUYER according to the identified damage or change, if accepted by the SELLER,
- Procedures for how the BUYER can return the Products in cases where the right of withdrawal exists, and all relevant financial details (return methods, costs, refund of the Product price, and possible discounts and offsets that can be made by the BUYER for earned/used reward points, free/discounted products in promotional sales, gift vouchers, etc.),
- In case the BUYER is a legal entity, the conditions for not being able to exercise "consumer rights" for the Products purchased for commercial or professional purposes (bulk purchases are considered to have this nature in any case),
- Other terms and conditions of sale included in this Agreement, and since this Agreement is confirmed by the BUYER on the WEBSITE, it is sent to the BUYER by email after its establishment and can be stored for the requested period and accessed from there, and the SELLER can keep it for three years.
- Practices for privacy, personal data, and electronic communications,
- Contact information for the BUYER to submit complaints to the SELLER in case of disputes, as well as legal avenues for the BUYER to submit complaints to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
Article 4 - RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal from this Agreement without specifying any reason and without paying any penalty within fourteen (14) days from the date of receiving the Product.
However, according to the law, there is no right of withdrawal for contracts related to the following goods/services, even if unused/not used: a) Goods prepared in accordance with the BUYER's special requests or personalized needs, dimensions (including specially produced goods with changes or additions made upon the BUYER's order, including special products imported/supplied from abroad), b) Perishable goods such as cosmetics, chocolates, and other food items that may deteriorate quickly or have an expiration date, c) Goods where protective elements such as packaging, tape, seal, package have been opened after delivery, and returns are not suitable for health-hygiene reasons, d) Goods that have mixed with other products after delivery and cannot be separated due to their nature, e) Services performed instantly in the electronic environment and all non-material goods delivered instantly to the consumer, f) Goods or services whose prices depend on fluctuations in financial markets and are not under the control of the seller/provider, g) Services started with the approval of the BUYER during the withdrawal period, and h) Other goods-services accepted as outside the scope of distance selling according to the relevant legislation, where the BUYER makes a purchase for commercial/professional purposes. j) In particular, the right of withdrawal cannot be exercised for all rings chosen by the BUYER according to the finger size specified during the order, and for products produced or customized according to the special requests and preferences of the BUYER, as well as for unskilled products.
In cases where the right of withdrawal is possible, the BUYER is legally responsible for any changes and deterioration that may occur if the Product is not used in accordance with its operation, technical specifications, and usage instructions during the withdrawal period. Accordingly, if there is a change or deterioration due to the non-compliance with the usage instructions, technical specifications, and operation of the Product during the period until the withdrawal date, the BUYER may lose the right of withdrawal; if accepted by the SELLER, a discount will be applied to the refunded Product price according to the identified change/deterioration.
In cases where the right of withdrawal is possible, the BUYER must notify the SELLER in writing within the legal 14-day period that they have exercised their right of withdrawal. If the right is exercised during the specified period, the Product must be sent to the address of the SELLER within a maximum of ten (10) days, at the expense of the BUYER.
In this return process, the Product must be delivered complete and undamaged with its box, packaging, and standard accessories if any. In addition, in accordance with tax regulations, in cases where an Invoice must be issued by the BUYER according to the law, the section related to the return on the invoice, as specified below, will be filled out and signed. Return invoices are not accepted if the Return Invoice is not issued.
"Address where the Product will be returned, SELLER address / address of the cargo company delivered for return."
Subject to the fulfillment of the above requirements by the BUYER, within 14 days from the date the withdrawal notification reaches the SELLER, the Product price and, if any, the delivery costs of the Product to the BUYER will be refunded to the BUYER in a manner suitable for the payment tool used by the BUYER when purchasing the Product.
The contractual and legal collection-offset rights, including the legal rights-responsibilities of the BUYER after the withdrawal period for the Products and those related to the SELLER's claims from the BUYER, as well as the rights and obligations, including contractual and legal collection-offset rights, related to earned reward points, free/discounted sales, are separately valid and effective.
Article 5 - SPECIAL CONDITIONS APPLYING WHEN THE BUYER EARNED REWARD POINTS DURING THE PURCHASE OF THE CONTRACTED PRODUCT AND/OR USED REWARD POINTS TO MAKE PAYMENTS TO THE SELLER
5.1. In the presence of a current agreement or contract between a rewarding organization and the BUYER and the SELLER, allowing the rewarding of points for purchases on the SELLER's WEBSITE, the BUYER acknowledges that, in the event of the termination, cancellation, or any other termination of this Agreement, and a refund to the BUYER, the value (monetary value) of reward points, gifts, and similar items earned by the BUYER through this purchase will be deducted from the BUYER.
Specifically, this deduction process, unless a different method is stipulated in the agreement between the SELLER and the relevant organization, is first deducted from the available reward points of the BUYER at the organization's system (excluding the reward points earned through this Agreement), and if not available, it is deducted in cash from the refundable amount that the SELLER will refund to the BUYER.
5.2. If the BUYER has partially/completely used reward points or similar means to make payments to the SELLER during the purchase of the PRODUCT under this Agreement, in cases where the return of the PRODUCT is in question, and the refund of the PRODUCT price according to the relevant provisions of this Agreement is applicable, the reward points used by the BUYER in the purchase of the PRODUCT, as recorded in the SELLER's system when the PRODUCT was purchased on the WEBSITE, may be refunded to the BUYER in points (once again) by the SELLER unless there is a different agreement with the relevant organization.
5.3. In cases where unjust acquisition or usage of reward points is detected by the BUYER in any way, as a general rule, the monetary value of these reward points may be collected by the SELLER from the BUYER (via credit card, in cash, or using other legal methods). This provision also applies to the payment of the value of goods given as gifts by the SELLER to the BUYER as a result of the application of such a system.
5.4. The procedures for earning and using reward points and the relevant terms are subject to the agreements between the BUYER and the SELLER and the organization in question. In such cases, the SELLER may exercise all specified rights and powers on behalf of the BUYER and the organization, and may carry out transactions on behalf of other businesses on the same system.
5.5. Requests for cash in exchange for reward points earned from the SELLER or used at the SELLER will not be accepted under any circumstances.
5.6. The SELLER does not accept any responsibility for disputes between the BUYER and the organizations mentioned above, as well as any material, legal, financial, and non-financial consequences. The above provisions are valid and reserved.
5.7. The above provisions are also applied by analogy to the transactions of consumers who earn reward points or use them for payments directly from the SELLER.
All consumers who earn reward points from the WEBSITE/SELLER or make payments to the SELLER using reward points, thus, accept the special conditions (in addition).
Article 6 - RULES REGARDING SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS
The rules, policies, and terms of privacy specified below apply to the protection, confidentiality, processing, use of information, and other matters related to communication on the WEBSITE.
6.1. Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken within the technical possibilities of today, depending on the nature of the information and transaction, within the system infrastructure of the SELLER. However, since this information is entered by the BUYER from their own device, it is the responsibility of the BUYER to take the necessary precautions for their protection, such as protection against viruses and other harmful applications.
6.2. In addition to the permissions-approvals given by the BUYER regarding personal data and commercial electronic communications, and confirmation; the information acquired during the BUYER's membership on the WEBSITE and their purchases can be recorded, stored in printed/magnetic archives, updated when necessary, shared, transferred, and processed in various ways, with the aim of providing various products/services by the SELLER, its affiliated companies, and third parties they deem appropriate, and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications. These data may also be disclosed to the relevant authorities and courts when required by law. The BUYER has consented and authorized the use, sharing, processing of personal and non-personal existing and new information within the scope of personal data protection legislation and electronic commerce legislation.
6.3. The BUYER can stop communications at any time by reaching the SELLER through the specified communication channels and using their right to refuse in electronic communications sent to them or using other legal methods. Upon the clear notification of the BUYER in this regard, personal data processes and/or communications are stopped within the legal maximum period; additionally, if desired, information that must be kept legally and/or possible ones are deleted from the data recording system or anonymized in a way that cannot be identified. The BUYER can always apply to the SELLER through the specified communication channels for processes related to the processing of personal data, transfer to third parties, correction of deficiencies or inaccuracies, notification to relevant third parties of corrected information, deletion, or destruction of data, objection to the emergence of a negative result against them as a result of automatic systems, and compensation for damages in case of harm due to the illegal processing of data. Applications and requests regarding these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal reason.
6.4. All intellectual and industrial rights, including but not limited to copyrights, patents, trademarks, designs, and models, related to any information and content on the WEBSITE and their organization, revision, and partial/complete use, except for those belonging to third parties under the agreement, are owned by the SELLER.
6.5. The SELLER reserves the right to make any changes deemed necessary in all matters related to the WEBSITE's information and content, including their organization, revision, and partial/complete use; these changes become effective from the moment they are announced by the SELLER on the WEBSITE or through other appropriate methods.
6.6. All information and content on other sites accessed through the WEBSITE are subject to their own privacy-security policies and terms of use; the SELLER is not responsible for any disputes or negative consequences that may arise from them.
Article 7 - GENERAL PROVISIONS
7.1. The Product subject to the contract will be delivered to the BUYER or the third party/organization at the address indicated on the INTERNET SITE, under the following conditions, provided that the legal 30-day period is not exceeded.
The SELLER sends and delivers the Products through a contracted cargo company. In case the cargo company does not have a branch in the location of the BUYER, the BUYER must receive the Product from another nearby branch of the cargo company, as notified by the SELLER.
Products in stock will be delivered to the person and address specified by the CONSUMER during the ordering process within a maximum of seven (7) days from the order date. Cargo companies, on average, deliver the shipments received from the SELLER to the BUYERS within approximately 5 (five) business days, varying depending on the distance.
7.2 In general and unless explicitly stated otherwise, delivery costs (such as shipping fees, etc.) are borne by the BUYER. Depending on the campaigns conducted by the SELLER during the sale and the terms announced on the INTERNET SITE, the SELLER may not reflect the entire or part of the delivery costs to the BUYER. In cases where the right of withdrawal is exercised for the entire order or for part of it (if the BUYER benefits from it), in the case of a free shipping campaign, if the minimum purchase amount is not reached, the entire amount of the unpaid delivery-shipping fee will be deducted from the total refund amount to be returned to the BUYER (the shipping fee paid by the BUYER will be refunded in cases where it was paid). Similarly, in cases where the BUYER benefits from any SELLER campaign by making a purchase for the minimum amount or receives a discount or a free (gift) product of the same nature, if the right of withdrawal is used for the entire order or part of it, and thus the minimum amount is not reached or any condition for gaining/using a gift voucher is eliminated, the entire amount of the discount/discount (if any, also the price of the gift product) will be deducted from the total refund amount to be returned to the BUYER, and if insufficient, it will be collected from the payment instrument used by the BUYER during the purchase (including credit card). If the BUYER has gained points, vouchers, etc. through the purchase from the SELLER, and these have been used, they will be canceled. If the BUYER has earned points through the purchase or used them to make payments to the SELLER, unless there is a different method specified in the agreement between the SELLER and the relevant organization, they may be refunded to the BUYER (in points). In cases where the BUYER is found to have obtained or used reward points in any unfair way, as a general rule, the monetary value of these reward points can be collected from the BUYER by the SELLER (via credit card, in cash, and other legal methods). This provision is also valid for the payment of the value of goods given as gifts by the SELLER to the BUYER as a result of the application of such a system. Points earned from the SELLER or used in the SELLER's payments, gift vouchers, etc. are never accepted in any way or under any circumstances. The SELLER does not accept any responsibility for disputes between the BUYER and the organizations mentioned above and/or any material, legal, financial, and non-financial consequences that may arise as a result of such disputes; the above provisions are valid and reserved. The provisions above are also applied by analogy in cases where the Consumer directly gains reward points in purchases made from the SELLER.
All consumers who earn reward points from the INTERNET SITE/SELLER or use reward points, etc. in their payments to the SELLER, thus the BUYER, have thus accepted the special conditions mentioned above.
Article 6 - RULES REGARDING SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL PROPERTY
The rules and conditions specified below apply to the protection, confidentiality, processing-use of information, and other matters related to communications on the INTERNET SITE.
6.1. Necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE are taken by the SELLER in the system infrastructure, according to today's technical possibilities depending on the nature of the information and transaction. However, since this information is entered by the BUYER's device, it is the responsibility of the BUYER to take measures to protect them from unauthorized access, including viruses and similar harmful applications.
6.2. In addition to the permits-approvals given by the BUYER for personal data and commercial electronic communications during the MEMBERSHIP to the INTERNET SITE and during the purchases, the information obtained from the BUYER during MEMBERSHIP and purchases on the INTERNET SITE can be recorded, stored in printed/magnetic archives, updated when necessary, shared, transferred, used, and processed for various product/services provision, and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications purposes. These data can also be transferred to the relevant authorities and courts when required by law. The BUYER has given his consent and permission for the use, sharing, processing of his personal and non-personal existing and new information within the scope mentioned above in accordance with the legislation on the protection of personal data and the electronic commerce legislation.
6.3. The BUYER may contact the SELLER through the specified communication channels to stop the use of data or use the right to refuse communications by using the legal method through the same channels or by using the right to refuse in electronic communications sent to him. Based on the explicit notification of the BUYER in this regard, personal data processing and/or communications are stopped within the legal maximum period; additionally, unless legally required and possible, the information, which must be kept and/or is