Distance Sales Contract

ARTICLE 1 - SUBJECT  

The subject of this contract is to determine the rights and obligations of the parties in accordance with the Law No. 4077 on the Protection of Consumers, the Regulation on Distance Contracts and other relevant legal provisions regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the SELLER sells to the BUYER.

ARTICLE 2- PARTIES

2.1 VENDOR INFORMATION

Title: Mehmet Emin Aklan (hereinafter referred to as "SELLER")

Address: Cumhuriyet, Dr. Sadık Ahmet Cd. No:92 D:1B 34290, 34307 Küçükçekmece/Istanbul

Tax No: 0310745034

Call Center No: 444 0 128 

Phone: +90 (544) 915 19 15

Email: info@mksteknik.com

2.2 BUYER INFORMATION

Name Surname/Title: ............ (hereinafter referred to as "BUYER")

Address: ...................

Telephone: ....................

Email: ..........................

3- INFORMATION ABOUT THE PRODUCT SUBJECT TO THE CONTRACT

Delivery will be made by the SELLER via cargo and/or by the SELLER's Authorized Service/Seller to the delivery address specified above within 10 business days after the order is confirmed. Official holidays and religious / national holidays are not counted from this period. During delivery, the BUYER shall sign the delivery report. By signing this delivery report, the BUYER or the person acting on behalf of the BUYER shall declare that the product has been received in full, complete and undamaged. Cargo / shipping fee is not charged. The validity of these promises including the price is 30 days from the date of order.

The product price in question is collected by "Alarko Carrier Sanayi ve Ticaret A.Ş" on behalf of the SELLER. BUYER; By paying the price of the goods / service to Alarko Carrier Sanayi ve Ticaret A.Ş., it will be deemed to have paid the product price to the SELLER.

On the other hand, since term sales are made only with credit cards belonging to Banks, the BUYER agrees, declares and undertakes that he/she will confirm the relevant interest rates and default interest from his/her bank separately, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER. In cases where the BUYER uses the right of withdrawal or in cases where the product subject to the order is not in stock for various reasons or in cases where it is decided to refund the price to the Consumer with the decisions of the Arbitration Committee, if the shopping is made by credit card and in installments, the credit card refund procedure will be applied as follows: The SELLER pays the full product price to the bank at one time. The refund of installment expenditures made from bank poses to the BUYER's credit card is made by the Bank. However; In order to prevent the parties involved in the matter from being victimized, the return product price in question is transferred to the BUYER's accounts in installments. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide; After the installments of the sale initially determined by the Bank and the customer are over, the number of installments paid until the cancellation of the sale will be returned / deducted to the Bank account of the BUYER on a monthly basis in the installment amounts paid until the cancellation of the sale. In case of the return of the goods and services purchased with the card, the SELLER cannot pay the BUYER in cash in accordance with the contract with the Bank. In case of a return transaction, the merchant, i.e. the SELLER, will make the return through the relevant software, and since the merchant, i.e. the SELLER, is obliged to pay the relevant amount to the Bank in cash or in cash, the BUYER cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the BUYER pays the price to the Bank at one time. The BUYER accepts and undertakes that he/she has read and accepted this procedure

ARTICLE 4 - ESTABLISHMENT OF THE AGREEMENT

4.1 The BUYER agrees that he/she has read and understood the contract and is aware of his/her rights and obligations.

4.2 The SELLER and the BUYER accept that there is no disproportion between the acts agreed upon by the contract and that the mutual acts are in accordance with the nature of the business and that they do not have any inexperience within the scope of the transactions subject to the contract.

4.3 The BUYER agrees that he/she has reached a full conviction that the transactions under the contract are in his/her own interest and that he/she will comply with all the conditions of his/her own free will, without any difficulty or distress, thoughtfully, willingly and knowingly.

4.4 The SELLER and the BUYER agree that the provisions of the contract do not have a feature that can be considered unfair terms and that there is no unfairness in terms of the balance of interests.

4.5 The subjects supplied and approved by electronic means within the scope of the annexes to this contract and the transactions made through mksteknik.com correspond to the requirements of Article 6 of the Regulation on the Application Procedures and Principles Regarding Campaign Sales.

4.6 The provisions of this contract do not contain any unfair terms in accordance with the provisions of the regulation on unfair terms in consumer contracts. The provisions do not contradict the rule of honesty and good faith and have been prepared in accordance with the Consumer Protection legislation.

4.7 The provisions of this contract have been prepared by taking into account the provisions of the New Code of Obligations No. 6098. The binding and content control stipulated in Article 21 of the New Code of Obligations has been made by the BUYER. None of the provisions of this contract shall be of the nature of this contract and the nature of the business (surprising conditions). The provisions of this contract are written in a clear and understandable manner and do not make more than one meaning.

ARTICLE 5 - GENERAL PROVISIONS

5.1 The BUYER declares that he / she has read and informed all preliminary information regarding the basic qualities, sales price and payment method and delivery of the product subject to the contract specified in Article 3 and that he / she has given the necessary confirmation electronically.

5.2 The product subject to the contract is delivered to the BUYER or the person / organization at the address indicated by the BUYER within the period described in the preliminary information depending on the distance of the BUYER's settlement for each product, provided that it does not exceed the legal 30-day period. This period can be extended for a maximum of 10 days provided that the consumer is notified in writing.

5.3 If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.

5.4 The SELLER is responsible for the delivery of the product subject to the contract intact, complete, in accordance with the qualifications specified in the order. Provided that it is based on a justified reason, the SELLER may supply goods or services of equal quality and price to the SELLER before the contractual performance obligation expires. However, since this e-sales site is a system operated by the SELLER and its dealers and in order for the process to work faster, proximity to the delivery address, etc. It may also deliver the purchased product to the BUYER through its dealer due to criteria. In such cases, the invoice will also be issued by the DEALER and delivered to the BUYER together with the product. Although the invoice is issued by the DEALER due to the assignment of the receivables arising from this invoice by the DEALER to the SELLER, the payment made by the BUYER to the SELLER from the beginning is legally valid and there is no need to make a separate payment based on this invoice. The BUYER accepts and declares that he/she has already consented to this operation.

5.5 For the delivery of the product subject to the contract, this contract must be confirmed electronically and the price of the order subject to the contract must be paid. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

5.6 For the delivery of the product subject to the contract, this contract must be confirmed electronically and the price of the order subject to the contract must be paid. If for any reason the product SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as weather opposition that prevents transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery time until the preventive situation disappears. If the BUYER cancels the order, the amount paid will be returned to him within 10 days.

5.7 In the event that the BUYER's payment obligation in this contract is not realized in any way, the SELLER may initiate enforcement proceedings, file a lawsuit for receivables and / or apply for other legal remedies in order to collect the uncollected product price together with the interest to be operated over the price of the product on the delivery day and the interest rates stipulated in the contract.

5.8 After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons in a way that is not caused by the BUYER's fault, it is obligatory for the BUYER to pay the price of the product to the SELLER within 3 days from the SELLER's request, provided that it has been delivered to the BUYER, or the product must be sent to the SELLER within 3 days at the latest. In this case, transportation expenses belong to the BUYER.

5.9 All information and promises provided to the BUYER regarding the product or service in this form are valid until the campaign publication period and it is warned that after this day, the Seller is not bound by the information and promises given in this form.

ARTICLE 6 - RIGHT OF WITHDRAWAL

The BUYER has the right to return the product within 14 (fourteen) days from the delivery of the product subject to the contract to him / her or the person / organization at the address indicated by him / her, without using, assembling, destroying / destroying the product and returning it as received. In order to exercise the right of withdrawal, the SELLER must be notified by fax or e-mail within this period and the original packaging of the product must be unopened / undamaged, unassembled and unused. In addition, the product must be complete and undamaged with all the documents and all accessories included in the product. The return of products whose original box / packaging has been damaged, lost its resalability, assembled / installed, and cannot be purchased by another customer is not accepted. Products sent in this way will not be accepted by the SELLER and will not be refunded. In order for the return transactions to be made, the product delivered to the 3rd person or the BUYER by the authorized service assigned by the SELLER; whether it has been used or not, whether its packaging has deteriorated or not, etc. It is obligatory to check its condition and receive it with a report and to fill in the relevant sections in the invoice with the return section sent to the BUYER in accordance with the general communiqué of the Tax Procedure Law with this report and to return the original invoice with the product after it is signed. The product price is returned to the BUYER within 10 (ten) days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the use of the right of withdrawal arising from the law is covered by the SELLER. In TRNC and overseas shipments, the BUYER is obliged to pay the taxes of the products received at customs, since the BUYER does not pay VAT on their orders. The BUYER has no right of withdrawal for products that are not received from customs in any way. In credit sales, the withdrawal notification must also be sent in writing to the lender by the BUYER. In cases where the BUYER withdraws from the sale within the period, the BUYER is obliged to return the product exactly as it was at the time it was delivered to him and, if there is use, to compensate for the loss in the commercial value of the goods due to use. If the SELLER does not inform the BUYER about the right of withdrawal, the BUYER is not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period expires one year after the end of the withdrawal period. This period starts to run from the day the consumer receives the goods in contracts for the delivery of the goods, and from the day the contract is concluded in other contracts. It is sufficient that the declaration of will that the right of withdrawal has been exercised has been directed to the SELLER in writing or by a continuous data carrier within this period.

ARTICLE 7- SELLER'S RECORDS

The BUYER agrees that he/she accepts the validity of the SELLER's records in advance, that all kinds of records, documents and books of the SELLER and all kinds of computer and audio records, microfilms and microfiche of the SELLER will constitute the sole and final evidence and will be binding in any dispute between the SELLER and the SELLER, and that this article is an evidence contract.

ARTICLE 8 - COMPETENT COURT

Any complaints and objections arising from this Agreement may be made to the Consumer Problems Arbitration Committee or the Consumer Court in the place where the BUYER or the SELLER resides according to the monetary limits determined by the Ministry of Customs and Trade in December each year.

PROTECTION OF PERSONAL DATA

Within the framework of this distance sales contract, you are obliged to provide some personal information that may vary according to the product or service you have requested, including but not limited to name, surname, identity, document number, address, credit/debit card numbers, expiration date, security number, order recipient information and order note. Your information, which will be collected and stored by our Company, will only be used for the purposes specified below:
*Processing your orders and managing your account,                                                 
*Marketing of our services and related products,
*Creating link lists in order to make statistics about your transactions and to ensure the continuity of our connection with you, gathering commercial statistics and analyzes about the use of the site and sharing them with the experts of the business, provided that they comply with the confidentiality conditions when necessary,
*To contact you by e-mail, telephone, fax, SMS or mail through its representatives for market research purposes,
*To analyze how you use our website and to make our website unique to you for better service to you,
* Identification, verification and registration, * Research and improve our products and services and your personal choices regarding them, * Periodically send you promotional e-mails about our services or related products, new products and other information that we think you may find interesting,
*To fulfill legal requirements and/or to fulfill the requests of official authorities.

Your data collected and stored for the above-mentioned purposes may be transferred to third parties for the same purposes, taking into account all the rights of the user. You can access our company policy and clarification text regarding the Protection of Personal Data at mksteknik.com.