Preliminary Information Form
1. PARTIES
1.1. SELLER:
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TITLE: |
Marad Dış Ticaret Limited Şirketi |
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ADDRESS: |
Halaskargazi Cad. Hidayet Sok. No:4/2 Şişli/İSTANBUL |
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MERSİS NO: |
0612003120700013 |
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TAX OFFICE/ NUMBER: |
Şişli Tax Office / 6120031207 |
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E-MAIL: |
hello@maredacare.com |
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+90212 233 38 09 |
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PRODUCT RETURN ADDRESS: |
1.2. BUYER:
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NAME/ SURNAME: |
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ADDRESS: |
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E-MAIL: |
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In the FORM, the SELLER and the BUYER may hereinafter be referred to individually as "PARTY" and collectively as "PARTIES".
2. SUBJECT
2.1. This Preliminary Information Form (“FORM”) has been prepared to determine the mutual rights and obligations of the parties, who are consumers and sellers, and to inform the BUYER, regarding the purchase/sale and delivery of creams, serums, skin care products, personal care products, and similar cosmetic products ("PRODUCT/S") with the characteristics and sales price specified below, for which the BUYER placed an order electronically on the SELLER's website www.maredacare.com ("SITE"), in accordance with the provisions of Law No. 6502 on Consumer Protection ("LAW") and the Distance Contracts Regulation ("REGULATION") and all other relevant legal regulations and practices.
2.2. This FORM is valid if the BUYER is a consumer in accordance with the LAW (if the products are not purchased for professional and/or commercial purposes).
2.3. The information in this FORM is provided for commercial purposes regarding the sale of the PRODUCT/S specified below by the SELLER to the BUYER. This FORM will constitute a binding agreement between the parties when approved by the BUYER.
3. PRODUCTS, PRICING, PAYMENT AND DELIVERY
3.1. The type, quantity, code, sales price, payment information, shipping fee, and delivery information of the PRODUCTS are as follows.
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Quantity |
Price |
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_______________ _______________
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____ ____ |
___________________TL ___________________TL |
Shipping fee : ___________________TL
Total Price Including Shipping and VAT : ___________________TL
Payment Method : ___________________
Delivery Address : ___________________
Person to be Delivered To : ___________________
Invoice Address : ___________________
Phone : ___________________
Email : ___________________
Order Date : ___________________
3.2. By accepting this FORM, the BUYER acknowledges in advance that if they approve the order subject to the FORM, they will be obligated to pay the price of the order and any additional fees, including shipping costs and taxes, and that they have been informed of this. Unless otherwise stated, all delivery costs, including shipping fees, for the PRODUCT/PRODUCTS belong to the BUYER.
3.3. The BUYER can choose one of the payment methods: Credit Card, Online Credit Card, and Debit Card.
3.4. The SELLER ensures the delivery of the PRODUCTS to the address notified by the BUYER during the order, via the SELLER's contracted cargo company, provided that the legal 30-day period is not exceeded.
3.5. The SELLER is not responsible if the BUYER or a third party authorized by them is not present at the address at the time of delivery, or if the Product is to be delivered to a person/organization other than the BUYER and that person/organization is not at the address, or for any general failure to accept the delivery.
3.6. The BUYER must inspect the package upon delivery and, in cases of apparent damage, arrange for a report to be drawn up by the cargo officer. However, the BUYER's rights arising from legislation regarding defects not noticeable at the time of delivery are reserved.
3.7. In the event of force majeure (e.g., adverse weather conditions, heavy traffic, earthquakes, floods, fires) outside of normal sales/delivery conditions, the SELLER reserves the right to suspend its obligations, extend delivery periods, partially or completely cancel the order, or fulfill it with an equivalent product. In this case, the SELLER is obliged to inform the BUYER within a reasonable time. If the force majeure event exceeds 30 (thirty) days, either PARTY may cancel the order. In this case, if any payment has been collected, refund procedures will be carried out within the framework of relevant legislation and payment institution procedures.
4. RIGHT OF WITHDRAWAL
4.1. Notwithstanding the exemption provisions of the LAW and REGULATION regarding the right of withdrawal, the BUYER may exercise their right to withdraw from this contract within 14 (fourteen) days from the date of purchasing the PRODUCT, provided they notify the SELLER, without incurring any legal or criminal liability and without stating any reason. The BUYER may also exercise their right of withdrawal during the period until the PRODUCT is delivered.
4.2. For the right of withdrawal to be exercised, the PRODUCT to be returned must be:
(i) Returned complete and undamaged with the PRODUCT invoice, product return form, the box of the product/products, original packaging, standard accessories if any, and accompanying products during the return process.
(ii) Unused, in a condition suitable for resale, with its protective band and plastic wrap.
If these elements are missing or if the product loses its suitability for resale, the right of withdrawal cannot be exercised.
4.3. In cases like those specified in Article 15 of the REGULATION, the right of withdrawal cannot be exercised for PRODUCTS.
4.3.1. Cosmetics and personal care products with opened packaging, protective bands, seals, or packages; used products; or products unsuitable for resale for hygiene reasons. In this context, returns will not be accepted if the product's protective film, cap, or hygiene seal is opened.
4.3.2. Products prepared in line with the BUYER's special requests or personal needs (including those customized with modifications or additions, and special products imported/supplied from domestic or international sources based on the BUYER's order),
4.4. For the BUYER to exercise their right of withdrawal, they must notify the SELLER of their intention to withdraw clearly and in writing via email to hello@maredacare.com within the 14 (fourteen) day period, and send the PRODUCT/PRODUCTS to the SELLER's return address in Article 1.1 within 10 (ten) days from the date of notification. In cases where a Return Invoice is legally required to be issued by the BUYER according to tax legislation, a Product Return Form will also be completed and sent along with the invoice for the returned product/products. Returns of orders invoiced to institutions (legal entities) will not be accepted unless a Return Invoice is issued.
4.4.1. Following the receipt of the returned PRODUCT by the SELLER within the scope of the right of withdrawal, if compliance with this article is determined as a result of the inspection, the collected product price, and delivery costs if any, will be refunded to the BUYER within the periods stipulated in the relevant legislation. The SELLER reserves the right to reject the return request if the PRODUCT does not meet the return conditions.
4.4.2. In cases where the right of withdrawal can be exercised, the BUYER is responsible for changes and deteriorations resulting from not using the goods in accordance with their function, technical specifications, and operating instructions during the withdrawal period, as per legislation. Accordingly, if changes or deteriorations occur due to not using the PRODUCTS in accordance with their operating instructions, technical specifications, and function during the period up to the date of withdrawal, the BUYER may lose their right of withdrawal; in cases accepted by the SELLER, an equivalent reduction will be made from the refund amount for the returned product due to the change/deterioration.
4.5. If the right of withdrawal is exercised for PRODUCTS sold as part of a campaign, promotion, or set; the discounts, gifts, or advantages provided within the scope of the campaign become invalid. The entire amount of said discount will be deducted from the amount to be refunded to the BUYER, and if insufficient, it will be collected from the payment method used during the purchase (including credit cards, etc.); if the BUYER has earned gift vouchers, points, etc., due to their purchase (virtual/physical), these will be canceled. Similarly, if (i) the gift product is not returned, or (ii) the set content is sent incompletely, the price of the relevant products or the discount amount provided will again be deducted from the amount to be refunded, and if insufficient, it will be collected as described above.
4.6. In cases where the right of withdrawal is exercised, the return shipping cost belongs to the SELLER if the delivery is made via the SELLER's contracted cargo company. The BUYER is responsible for any additional costs incurred if the BUYER chooses a different cargo company. In cases where the product is sent defective, damaged, or incomplete, the transportation fee for the returned product will always be covered by the seller.
4.7. Provided that the BUYER fulfills the requirements mentioned above, the SELLER;
(i) If the BUYER exercises the right of withdrawal before the delivery of the PRODUCT, from the date the notification of withdrawal is received, or
(ii) If the BUYER exercises their right of withdrawal after the delivery of the PRODUCT, within fourteen (14) days from the date the PRODUCT subject to withdrawal is delivered to the designated shipping company for return,
the Seller shall refund the price of the PRODUCT(s) and, if any, the delivery costs of the PRODUCT(s) to the BUYER in a manner consistent with the payment method used by the BUYER when purchasing the PRODUCT(s). However, in cases where the BUYER exercises their right of withdrawal after the delivery of the PRODUCT, if the BUYER returns the PRODUCT with a shipping company other than the one specified for return, this obligation shall commence from the date the PRODUCT reaches the SELLER.
5. OTHER PROVISIONS
5.1. PRODUCTS can only be returned to the address specified in this FORM belonging to the WEBSITE. Exchanges for PRODUCTS are not accepted.
5.2. PRODUCT shipments are made only within the borders of the Republic of Turkey via the WEBSITE.
5.3. The BUYER is obliged to pay the price of the PRODUCT before delivery and declares and accepts that if the PRODUCT price is not paid to the SELLER for any reason, and/or if the payment is cancelled in the records of the relevant bank or financial institution, the SELLER's obligation to deliver the PRODUCT and other obligations arising from the contract will cease. The BUYER declares and accepts that the SELLER has no responsibility for payments made to the SELLER by the relevant bank or financial institution despite a failed code being sent by the relevant bank or financial institution for any reason.
5.4. The BUYER declares and accepts that if, after the delivery of the PRODUCT, the bank or financial institution to which the credit card used for the transaction belongs does not pay the PRODUCT price to the SELLER for any reason, the BUYER will return the PRODUCT to the SELLER within 3 (three) days at the latest, with the return costs borne by the BUYER.
5.5. Non-consumer BUYERS cannot benefit from the rights granted to consumers (right of withdrawal, etc.) in this form in accordance with the LAW and REGULATION.
5.6. The BUYER may communicate requests and complaints regarding the PRODUCT and sales to the SELLER verbally or in writing through the communication channels of the SELLER specified in the introductory part of the FORM.
5.7. In disputes arising from the Contract, in accordance with the LAW, the Provincial/District Consumer Arbitration Committees at the BUYER's place of residence or where the transaction was made are authorized, within the monetary limits determined annually by the Ministry of Trade. In disputes exceeding these monetary limits, Consumer Courts are authorized, and in places where there is no Consumer Court, Civil Courts of First Instance act as Consumer Courts. In case of dispute, the BUYER may apply to the Consumer Arbitration Committees or Consumer Courts (i) at their place of residence, (ii) at the place where the transaction was made, or (iii) at the SELLER's place of residence.
5.8. The SELLER reserves the right to suspend and/or cancel the order application at any time, on condition of informing the BUYER, if it is determined that the documents and information provided for the order are incomplete, fake and/or incorrect, or if there is a suspicion or determination that the order was placed with ill intent and/or for commercial and/or profit-making purposes, in order to conduct the necessary investigations. In case of cancellation, the refund process for the payment can be made by notifying the BUYER.
5.9. If any of the provisions in this form are invalid, this will not affect the validity of the Form and the other provisions.
This Preliminary Information Form is an integral part of the Distance Sales Contract.