- SIDES
This Distance Sales Agreement (" Agreement "); The buyer (" BUYER "), whose information is specified in article 6 of this Agreement, and the head office Ömerli Mah. Uran Cad. Mim Çay Sanayi Ve Dış Ticaret Limited Şirketi located at the address No:17 İç Kapı No 1 Çekmeköy / İstanbul. (" SELLER ") in electronic environment within the framework of the terms and conditions stated below.
- DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall have the meanings written thereon.
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
Minister: Minister of Commerce,
Ministry: Ministry of Commerce,
Service: The subject of any consumer transaction, other than the supply of goods made or promised to be made in return for a fee or benefit,
Website: The website of the SELLER named www.mimandmore.com,
Law: Law on Consumer Protection,
SELLER: A natural or legal person who provides goods or services to the consumer for commercial or professional purposes, or acts on behalf of or on behalf of the person providing goods or services,
Orderer: A natural or legal person who requests a good or service through the website of the SELLER named www.mimandmore.com,
Contract: This Distance Sales Contract concluded between the SELLER and the BUYER,
Parties: SELLER and BUYER,
Product or Products: The subject of shopping; movable goods, immovable properties for residence or holiday purposes, and software, audio, video and similar intangible goods prepared for use in electronic environment,
Regulation: Distance Contracts Regulation.
- SUBJECT
The subject of this Agreement; It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law and the Regulation regarding the sale and delivery of the product, the qualities and sales price of which are stated below, which the BUYER has placed an order electronically on the SELLER's Internet Site.
- ISSUES WHICH WAS INFORMED BEFORE THE BUYER
4.1. In the following matters, the BUYER has examined, read and understood all the general-specific explanations on the relevant pages-sections of the Website, and that he/she has been given the necessary information, before the establishment of this Agreement with the acceptance of the BUYER on the Website and before undertaking both the order and the payment obligation. admits it has been done.
- The main characteristics of the Product or Service subject to the contract;
- SELLER's title, MERSIS number and contact information and up-to-date introductory information;
- Appropriate tools-methods regarding the stages of the sales process during the purchase of the Products from the Website and the correction of incorrectly entered information;
- Confidentiality, data usage-processing and electronic communication rules applied to the BUYER's information applied by the SELLER and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties;
- Shipping restrictions stipulated by the SELLER for the Products;
- Payment methods-means accepted by the SELLER for the products subject to the contract and the total price of the Products, including the basic features-qualities, taxes (total price to be paid by the BUYER to the SELLER, including the related expenses)
- Information on the methods of delivery of the Products to the BUYER and the shipping-delivery-cargo costs;
- Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the responsibilities of the parties in these matters;
- Products and other goods and Services for which the BUYER does not have the right of withdrawal;
- In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and if the right is not exercised in due time, the BUYER will lose its right of withdrawal;
- In the Products with the right of withdrawal, if the Product is broken or changed due to not using it in accordance with the instructions for use, normal operation or technical specifications during the withdrawal period, the BUYER's request for withdrawal may not be accepted and in any case, the SELLER will be liable to the SELLER, accepted by the SELLER. In such cases, it may deduct an amount that it deems appropriate according to the said defect or change from the repayment to be made to the BUYER;
- In cases where there is a right of withdrawal, how to return the Products to the SELLER and all related financial issues (including the ways of return, the cost and the return of the Product price and the discounts and deductions that can be made for the reward points earned/used by the BUYER during the return);
- Details of the terms of use (special conditions) regarding various opportunities that may be applied periodically on the BUYER's Website;
- According to its nature, all the other sales conditions included in this Agreement and this Agreement are sent to the BUYER by e-mail after the BUYER has approved and established on the website, so that it can be stored and accessed for the period requested by the BUYER, and the SELLER is in the presence of the SELLER for a period of three years. can hide;
- In case of dispute, the BUYER can submit his/her complaints to the SELLER with the contact information and legal applications, in accordance with the relevant provisions of the Law, to the District/Provincial Arbitration Committees and Consumer Courts.
- SELLER INFORMATION
Title: Mim Çay Sanayi Ve Dış Ticaret Limited Şirketi Address: Ömerli Mah. Uran Cad. No:17 Interior door No 1 Cekmekoy / Istanbul Phone: [●] E-mail address: [●]
- ORDERING / BUYER INFORMATION
Name/Surname/Title: [ To be filled through the system within the scope of the order ]
Phone: [ to be filled through the system within the scope of the order ]
Fax: [ to be filled through the system within the scope of the order ]
E-mail/User Name: [ to be filled through the system within the scope of the order ]
- DELIVERY INFORMATION
Delivery Person: [ To be filled in the system within the scope of the order ]
Delivery Address: [ to be filled in the system within the scope of the order ]
Phone: [ to be filled through the system within the scope of the order ]
Fax: [ to be filled through the system within the scope of the order ]
E-mail/User Name: [ to be filled through the system within the scope of the order ]
- BILLING INFORMATION
Name/Surname/Title: [ To be filled through the system within the scope of the order ]
Phone: [ to be filled through the system within the scope of the order ]
Fax: [ to be filled through the system within the scope of the order ]
E-mail/User Name: [ to be filled through the system within the scope of the order ]
- CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
9.1. The basic features of the Product/Products/Service (type, quantity, brand/model, color, number) are available on the SELLER's Website. In terms of campaigns, the main features of the Product can be viewed on the Website during the campaign.
9.2. The prices listed and announced on the Website are the selling price. Advertised prices and promises are valid until updated or changed. Prices announced for a period of time are valid until the end of the specified period.
9.3. The sales price of the product or service subject to the contract, including all taxes, is shown in the table below.
Product Description |
Piece |
Unit price |
Unit Discount |
Total Sales Amount |
Total Amount Including VAT |
[ to be filled through the system within the scope of the order ] |
[ to be filled through the system within the scope of the order ] |
[ to be filled through the system within the scope of the order ] |
[ to be filled through the system within the scope of the order ] |
[ to be filled through the system within the scope of the order ] |
[ to be filled through the system within the scope of the order ] |
- Total product price excluding cargo: [ to be filled in the system within the scope of the order ]
- Shipping Fee: [ to be filled through the system within the scope of the order ]
- Total Price Including Cargo: [ To be filled in the system within the scope of the order ]
Delivery Address: [ to be filled in the system within the scope of the order ]
Delivery Person: [ To be filled in the system within the scope of the order ]
Invoice Address: [ to be filled in the system within the scope of the order ]
Order Date: [ to be filled through the system within the scope of the order ]
Delivery Method: [ to be filled in the system within the scope of the order ]
9.4. Additional fees such as shipping fee, any other tax, duty fee, which is the product shipping cost, will be paid by the BUYER.
- GENERAL PROVISIONS
10.1. The BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the Product subject to the Contract on the Website and that he/she is informed and gives the necessary confirmation in the electronic environment. of the BUYER; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
10.2. Each Product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section of the Website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. If the SELLER fails to fulfill its obligations within this period, the BUYER may terminate the Agreement. The delivery date of the Products specified as “estimated delivery date” on the Website is specified as an estimate and this expression does not include any commitment. These products will be delivered to the BUYER within 30 days at the latest, as specified in the legislation.
10.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required for the job, and to perform the work in accordance with the standards, in accordance with the standards, in a sound manner, free from all kinds of defects. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
10.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the expiry of the performance obligation arising from the Contract.
10.5. The BUYER accepts that he will confirm this Agreement electronically for the delivery of the Product subject to the Contract, and in the event that the price of the Product subject to the Contract is not paid for any reason and/or the transaction is canceled in the records of the bank or financial institution, the SELLER's obligation to deliver the Product subject to the Contract shall expire. , declares and undertakes.
10.6. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER, the BUYER may not pay the contract price to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons. It accepts, declares and undertakes that it will return the product in question to the SELLER within 3 (three) days at the SELLER's cost of transportation.
10.7. The BUYER shall inspect the Contracted Product/Service before receiving it; dented, broken, torn packaging, etc. damaged and defective Product / Service will not be received from the cargo company. The received Product/Service shall be deemed to be undamaged and intact. It is the BUYER's responsibility to carefully protect the Product/Service after delivery. If the right of withdrawal is to be used, the Product/Service should not be used. The invoice must be returned.
10.8. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
10.9. The BUYER declares and undertakes that the personal and other information provided while subscribing to the SELLER's Website is truthful, and that the SELLER will immediately indemnify all losses incurred by the SELLER due to the untruthfulness of this information, in cash and in full, upon the SELLER's first notification. it does.
10.10. The BUYER accepts and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the SELLER's Website. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
10.11. The BUYER may not use the SELLER's Website in any way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the BUYER cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
10.12. Links can be given to websites or other content that are not under the control of the SELLER and/or owned or operated by other third parties on the SELLER's Website. These links are provided for the purpose of facilitating orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
- SPECIAL CONDITIONS
11.1. The SELLER may, at its sole discretion, organize various campaigns at different times for the BUYER on the Website, in a way to determine the conditions as it wishes. In so far, the BUYER can return the Products purchased for any reason, use the right of withdrawal, etc. If the conditions of the campaign arranged by the SELLER cannot be met for any reason, the discount amount/benefit benefited by the BUYER within the scope of the campaign will be canceled and this amount will be deducted from the refund payment to be made to the BUYER.
11.2. If the BUYER is able to benefit from more than one campaign on the same invoice, the campaigns will not be combined and the BUYER will only be able to benefit from one campaign. The BUYER accepts, declares and undertakes that he will not claim any rights in such a case.
11.3. The SELLER reserves the right to stop, update and change the campaign conditions at any time the campaigns announced on the Website. The BUYER is required to review the campaign conditions before each purchase to be made from the Website.
11.4. By organizing campaigns, the BUYER's bank may apply an installment number higher than the selected installment number, and services such as installment postponement may be offered. Such campaigns are at the discretion of the bank and if the SELLER is aware, information about the campaigns is provided on the Website. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of a detailed payment plan is at the discretion of the bank.
- RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INTELLECTUAL RIGHTS
12.1. Name, surname, e-mail address, TR Identity number, demographic data, financial data, etc. of the BUYER, which can be defined as personal data within the scope of the Law on Protection of Personal Data No. 6698. information;* to receive orders, to offer products and services, to develop products and services, to solve systemic problems, to perform payment transactions, to be used in marketing activities about orders, products and services, in case of prior approval, to update the information of the BUYER and to manage memberships. It can be recorded indefinitely by the SELLER, the SELLER's affiliates and third parties and/or organizations, in writing, for the purpose of maintaining the distance sales contract and other agreements established between the BUYER and the SELLER, and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the SELLER. It can be stored, used, updated, shared, transferred and processed in other ways in magnetic archives.
12.2. In accordance with the applicable legislation, Mim Çay Sanayi Ve Dış Ticaret Limited Şirketi sends SMS/short text messages to the BUYERS for the purposes of promotion, advertisement, communication, promotion, sales and marketing regarding all kinds of Products and Services, for credit card and membership information, transactions and applications. Commercial electronic communications can be made with messages, instant notifications, automatic calls, computers, telephones, e-mails/mails, faxes, other electronic communication tools, the BUYER accepts to be sent commercial electronic messages.
12.3. Necessary measures for the security of the information and transactions entered by the BUYER on the Website are taken in the SELLER's own system infrastructure, within the scope of today's technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
12.4. The BUYER may reach the SELLER through the specified communication channels and request data usage-processing and/or communication to be stopped at any time. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to which it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, In case of any damage due to the processing of the SELLER, you can always apply to the SELLER and get information. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.
12.5. Regarding all kinds of information and content of the Website and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to Mim Çay Sanayi Ve Dış Ticaret Limited Şirketi.
12.6. On other sites accessed from the Internet Site, their own privacy-security policies and terms of use are valid, and the SELLER is not responsible for any disputes that may arise.
- RIGHT OF WITHDRAWAL
13.1. BUYER; In the distance contracts regarding the sale of the product, he may exercise his right to withdraw from the contract by rejecting the Product without giving any reason, within 14 (fourteen) days from the date of delivery of the product to himself or the person/organization at the address indicated. In distance contracts related to service provision, this period starts from the date of signing the contract. The BUYER must have forwarded the notification that he has used his right of withdrawal to the SELLER within this period. Before accepting the distance contract or any corresponding offer, the BUYER is clearly and understandably informed by the SELLER that it will be under the payment obligation if the details are specified in the Regulation and if it approves the order, and the BUYER accepts that it has been informed in advance. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER.
- PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
It must be unused and resold by the SELLER within the framework of Article 15 of the Regulation titled “Exceptions to the Right of Withdrawal” and Article 10 of this Agreement approved electronically between the Parties. The BUYER will not be able to use the right of withdrawal in the following cases:
- Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller.
- Contracts for goods prepared in line with the consumer's wishes or personal needs.
- Contracts for perishable or expired goods.
- From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
- Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
- Contracts for books, digital content and computer consumables offered in material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
- Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
- Contracts for accommodation, transportation, car rental, food and beverage supply, and leisure time for entertainment or recreation, which must be made on a specific date or period.
- Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer.
- Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
- STATUS OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
- FORCE MAJEURE
Employer-employer disputes, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renovation works, including SELLER, uprising, embargo, state intervention, riot, occupation, war, mobilization, strike, lockout, business actions or boycotts and malfunctions that may occur for this reason, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events that are beyond the control of Mim Tea Rituals, not caused by fault and cannot be reasonably foreseen (" Force Majeure If he cannot deliver the Product subject to the Contract within the period due to " reason ", he accepts, declares and undertakes that he will notify the BUYER. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the Product subject to the Contract with its precedent, if any, or the postponement of the delivery period until the obstacle is removed. In case of cancellation of the order by the BUYER, in the payments made by the BUYER in cash, the amount of the Product is paid to him in cash and in full within 10 (ten) days. In the payments made by the BUYER by credit card, the amount of the Product is returned to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. The BUYER considers that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 (two) to 3 (three) weeks. accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
- RESOLUTION OF DISPUTES
In disputes arising from the implementation and interpretation of the Contract, the Provincial or District Arbitration Committees for Consumer Problems in the place where the BUYER purchased the product in the place of residence or where the BUYER is located, within the monetary limits determined within the framework of the legislation, in the disputes above the said value, the Consumer Courts are authorized.
- EVIDENCE AGREEMENT
SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation.
- FORCE
This Contract, which consists of 19 (nineteen) articles, was read by the Parties and concluded and entered into force by being approved by the BUYER electronically on the date [ to be filled in the system within the scope of the order ] .