Distance Sales Contract
DISTANCE SALES CONTRACT
ARTICLE 1 - PARTIES
SELLER INFORMATION
Title: Miamax Global Foreign Trade Limited Company
Address: Collective House Maslak, 42 Maslak, Maslak Mah., Ahi Evran Cd.
No:6 D:3, 34398 Sariyer/Istanbul
Telephone: 0212 993 16 85
Email : info@vailantis.com
ARTICLE 2 - SUBJECT OF THE CONTRACT
The subject of this Distance Selling Contract (hereinafter referred to as the "Contract") is the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the products that the BUYER has ordered electronically through the SELLER 's www.vailantis.com website, which have the qualities mentioned in the contract and whose content and sales price are specified in articles 1.3 and 1.4 of the contract.
The BUYER accepts and declares that he/she is informed about the basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc., all preliminary information about the product subject to sale and the right of withdrawal, that he/she confirmed this preliminary information electronically and then ordered the product, in accordance with the provisions of this Agreement. The preliminary information and invoice on the www.vailantis.com website are integral parts of this Agreement. The BUYER is deemed to have accepted all the terms of this Agreement as soon as the order is placed.
Type and kind of product, quantity, brand/model, color and sales price including all taxes, As stated in the information on the product introduction page on the website www.vailantis.com and in the invoice which is considered an integral part of this Agreement. SELLER is not responsible for price update errors resulting from technical reasons. Preliminary information and the provisions of this Agreement are sent to the e-mail address provided by the BUYER to the SELLER, and the order summary is also included in the said e-mail together with the confirmation of receipt of the order.
ARTICLE 3 - PAYMENT OF PRODUCT PRICE
3.1. In order for the BUYER to pay by credit card, he/she must fill in the credit card information completely and accurately in the relevant section.
3.2. Payment can be made in a single payment by credit card, or in installments that can be determined within the scope of campaigns, and deferred payments can be made. In installment transactions, the relevant provisions of the contract signed between the BUYER and the Bank are valid. The Bank may apply a higher number of installments than the number of installments selected by the BUYER by organizing campaigns, and may offer services such as installment postponement. Such campaigns are at the Bank's discretion.
3.3. Since the forward sales are made only with the credit cards of the Bank, the BUYER accepts, declares and undertakes that he/she will also confirm the relevant interest rates and default interest information from the Bank and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the provisions of the legislation in force.
3.4. In case of payments made in installments, whether the refund will be reflected in installments on the credit card used for the transaction each month is entirely related to the Bank's processes and practices.
ARTICLE 4 - DELIVERY OF THE PRODUCT AND DELIVERY METHOD
4.1. The product will be delivered to the relevant person at the delivery address requested by the BUYER through the authorized person of the cargo company with which the SELLER has an agreement. The BUYER accepts that the delivery made to the address indicated by the BUYER and to the person present at this address during the delivery will be considered as the delivery made to the BUYER. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. Therefore, all kinds of damages arising from the BUYER receiving the product late and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
4.2. For the delivery of the contractual product, it is a condition that this Agreement is approved by the BUYER and the product price is paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the Bank's records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.3. Delivery shall be made within the period committed by the SELLER, starting from the date the order reaches the SELLER, without exceeding the legal period of 30 (thirty) days. If the SELLER cannot deliver the product subject to the Contract within the period due to stock depletion and similar commercial impossibilities, unexpected circumstances, force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, it is obliged to notify the BUYER of the situation.
4.4. If the SELLER has declared on its website that the delivery costs of those who shop above the amount declared will be covered by the SELLER, the delivery costs belong to the SELLER. Other than this, the delivery costs belong to the BUYER.
ARTICLE 5 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER
The BUYER shall inspect the contracted product before receiving it, and shall not accept damaged or defective products such as crushed, broken, torn packaging, etc. that are understood to be caused by transportation, and shall have a report drawn up by the cargo company officer. Otherwise, the SELLER shall not accept any liability, and the product received shall be deemed to be undamaged and intact. The obligation to carefully protect the product after delivery belongs to the BUYER.
ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE SELLER
The SELLER is responsible for delivering the contractual product intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any. If the contractual product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the delivery is made does not accept the delivery.
In cases where the delivery of the product becomes impossible, the SELLER shall notify the BUYER within 3 (three) days from the date of learning of this situation by a legal method. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product subject to the Agreement with a similar one, if any, and/or postponement of the delivery period until the elimination of the impeding situation. In the event that the BUYER cancels the order, the paid amount and any documents shall be returned within 14 (fourteen) days.
ARTICLE 7 - EXERCISE OF THE RIGHT OF WITHDRAWAL
The BUYER may exercise the right of withdrawal within 14 (fourteen) days from the delivery of the product subject to the contract to him/her or to the person/institution at the address he/she has indicated, without giving any reason and without paying any penalty. In order to exercise the right of withdrawal, a clear notification must be made to the SELLER by fax, e-mail or telephone within the same period and the product must not be one of the products for which the right of withdrawal specified in Article 8 cannot be exercised. The BUYER must send the product back to the SELLER or the person authorized by him/her within a maximum of 10 (ten) days from the date of notification regarding the exercise of the right of withdrawal. The delivery cost of the product returned due to the right of withdrawal shall be covered by the SELLER. In the event of the exercise of this right, the return of the original invoice for the delivered product is also mandatory in accordance with tax legislation. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER.
Within 14 (fourteen) days following the receipt of the notice regarding the right of withdrawal, the product price and all collected payments including delivery costs, if any, shall be refunded to the BUYER by the SELLER in accordance with the payment instrument used for the payment of the product price. Since the reflection of the amount to the BUYER's accounts after the refund transaction is made by the SELLER to the Bank is entirely related to the Bank transaction process, the BUYER accepts and declares that the SELLER has no intervention or responsibility for possible delays. The SELLER reserves the rights of exchange, offset and discount arising from the Agreement and the law for the amount to be refunded.
In cases where the right of withdrawal is available, the BUYER is legally responsible for any changes or deteriorations that occur if the product is not used in accordance with its operation, technical specifications and operating instructions during the withdrawal period. Accordingly, if a change or deterioration occurs due to the product not being used in accordance with its operation, technical specifications and operating instructions until the withdrawal date, the BUYER may lose his right of withdrawal.
ARTICLE 8 - PRODUCTS AND SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER.
b) Contracts regarding goods prepared in line with the BUYER's requests or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiry.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the BUYER.
h) Contracts regarding services that are started to be performed with the approval of the BUYER before the expiry of the right of withdrawal period.
ARTICLE 9 - PROTECTION OF PERSONAL INFORMATION AND PRIVACY POLICY
SALES PERSON, www.vailantis.com website may use the information sent to it by the BUYERS in accordance with the provisions of the "Privacy Policy" and "Website Terms of Use". It may process this information and store it on a database. DEMSA may also; BUYER's identity, address, e-mail address, telephone number, IP address, www.vailantis.com It may also use information such as which parts of the website are visited, domain type, browser type, date and time of visit, etc. for purposes such as statistical evaluation, announcing campaigns and providing personalized services. Personal information of BUYERS will not be disclosed to real or legal third parties except upon request of authorities authorized by law and in the cases listed below.
BUYER allows the personal information provided by him/her to be recorded, kept in written/magnetic archives, preserved, processed, updated, shared, transferred and used by SELLER, its current and future affiliates, subsidiaries, partners, successors and/or third parties-organizations determined by them for all kinds of promotion, advertisement, promotion, communication, sales, marketing, store card, credit card and membership applications indefinitely or for a period they determine, and to be contacted through channels such as SMS, internet, letter, telephone etc. unless otherwise stated. If BUYER wishes to change his/her data sharing preferences, he/she may forward this request to the communication channels specified by Miamax Global Dış Ticaret Limited Şirketi. Information entered on the www.vailantis.com site for membership, product/service purchase and information update purposes, as well as confidential credit card and bank card information, cannot be viewed by other internet users.
ARTICLE 10 - REQUEST AND COMPLAINT / LEGAL REMEDIES
BUYER may notify SELLER of his/her requests and complaints regarding the product and sales verbally or in writing by reaching SELLER through the communication channels listed below.
Customer Service Phone and Email Information
Email: info@vailantis.com
Telephone : 0212 993 16 85
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees and Consumer Courts are authorized within the monetary limits declared annually by the Ministry of Customs and Trade in accordance with the law.