1.1. SELLER:

Title: Meirra domestic and foreign trade limited company

Address: Cevizli Mh., Enderun Sk. No:10C Floor:7 D:37, Nursanlar-3, 34865 Kartal/Istanbul-Turkey

Phone: +90 850 532 32 16

E-Mail: support@etnomart.com

MERSÄ°S Number: 0614162337500001

1.2. BUYER:

Name Surname Title: [This information will change depending on your order]

Address: [This information will vary depending on your order]

Phone: [This information will vary depending on your order]

E-Mail: [This information will vary depending on your order]

ARTICLE 2 - SUBJECT

This Distance Sales Agreement ("Agreement") has been drawn up in accordance with the Consumer Protection Law and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts under the Agreement. The subject of this contract is that the Buyer places an electronic order for the purchase of the Seller's products through etnomart.com or other domain names related to the service provided ("Website") belonging to Meirra domestic and foreign trade limited company, and has the qualifications specified in the contract. It constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of goods/services.

ARTICLE 3 - PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT

3.1. The type and type of the products, quantity, brand/model, color, sales price including taxes (as quantity x unit price) are as stated in the product content.

Products will vary according to your order

3.2. Payment method: [This information will vary depending on your order]

3.3. On the other hand, since forward sales are made only with bank credit cards, the BUYER will also confirm the relevant interest rates and default interest-related information from his bank, and in accordance with the provisions of the legislation in force, the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the buyer. accepts, declares and undertakes.

3.4. The Contract enters into force upon approval by the Buyer and is completed when the Goods/Service purchased by the Buyer from the Seller are delivered to the Buyer. The goods/services will be delivered to the person(s) at the address specified by the Buyer in the order form and in this contract.

Delivery Address: [This information will vary depending on your order]

Delivery Person: [This information will vary depending on your order]

Billing Address: [This information will vary depending on your order]

Delivery costs of the Goods/Service belong to the Buyer. If the Seller declares on the website that the delivery fee will be covered by the Seller, the delivery costs will be borne by the Seller. Delivery of goods; It is made within the promised time after the Seller's stock is available and the payment is made. The Seller delivers the Goods/Service within 30 (thirty) days from the order of the Goods/Service by the Buyer and reserves the right to extend the period for an additional 10 (ten) days with written notification within this period. If for any reason the Buyer does not pay for the Goods/Service or the payment is canceled in the bank records, the Seller is deemed to be free from the obligation to deliver the Goods/Service.

The delivery will be delivered by hand via the cargo company to the above mentioned address of the BUYER. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. For this reason, any damages arising from the BUYER's late receipt of the product and the expenses incurred due to the product waiting in the cargo company and/or returning the cargo to the SELLER also belong to the BUYER.

ARTICLE 4 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER

4.1. The Buyer declares that he/she has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics of the product subject to the contract on the Website, the sales price and payment method and delivery, and has given the necessary confirmation electronically. Buyers, as Consumers, can submit their requests and complaints through the channels provided by the Seller contact information above.

4.2. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that it has obtained the correct and complete address, basic features of the ordered products, the price of the products including taxes, payment and delivery information that must be given to the consumer by the Seller before the conclusion of distance contracts. It is possible.

4.3. The Buyer is obliged to inspect the Goods/Service subject to the Contract before receiving them and to find any damaged, broken, torn packaging, etc. In case of receiving damaged and defective goods/services from the cargo company, the responsibility rests entirely with the customer. The Goods/Service received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility for the Goods/Service and any damages belong to the Buyer. After the delivery of the Goods/Service, if the relevant bank or financial institution does not pay the price of the goods/service to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer shall not be delivered to him/her. is obliged to return the Goods/Service to the Seller within 3 (three) days. In this case, delivery expenses belong to the Buyer.

4.4. The buyer must enter his/her information completely and without errors. Phone number and tax number/T.R. for delivery. It is mandatory to enter your ID number.

4.5. Prices of upholstered products on the website may vary depending on the type and quality of fabric the product is covered with.

4.6. BUYER; He/she declares and undertakes in advance that the personal and other information he/she provides while becoming a member of the Website is correct before the law and that he/she will compensate the SELLER in full and immediately for any damages it may incur due to the untruth of this information.

4.7. BUYER cannot give or share the password given to him by the SELLER to any other person or organization, and the BUYER has the right to use the password in question. If the BUYER's password is compromised and someone else performs a transaction with the same password, the BUYER is obliged to make the payments to the SELLER as a result of the transaction in question, in full and on time. For this reason, the SELLER reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use, against all liability that may arise and all claims and demands that may be made against the SELLER by third parties or competent authorities. SELLER; security etc. may render the BUYER's password permanently or temporarily unusable for any reason.

4.8. BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the Website. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.

4.9. The BUYER cannot use the Website in any way that disrupts public order, is against general morality, disturbs or harasses others, for an unlawful purpose, or in a way that violates the intellectual and copyright rights of others. In addition, the BUYER cannot engage in activities (Spam, Virus, Trojan Horse, etc.) or transactions that prevent or make it difficult for others to use the services.

4.10. The ideas and opinions declared, written and used by the BUYERS on the Website are entirely the personal opinions of the BUYERS and are binding on the owner of the opinion. These views and opinions have no relation or connection with the SELLER. The SELLER has no liability for any damages that third parties may suffer due to the ideas and opinions expressed by the BUYER, or for any damages that the BUYER may suffer due to the ideas and opinions declared by third parties.

4.11. BUYER has agreed not to access or use the software and data of other internet users without permission. Otherwise, the legal and criminal responsibilities arising from this belong entirely to the BUYER who uses the software and data without permission.

4.12. SELLER; When the BUYER's personal information is requested as a legal obligation or (a) to comply with legal requirements or comply with legal procedures notified to the SELLER; (b) It may disclose in good faith that it is necessary to protect and defend the rights and property of the SELLER and the SELLER Website family.

4.13. Measures have been taken within the available possibilities to ensure that the SELLER Website is free of viruses and similar software. In addition, to ensure ultimate security, the user must supply his own virus protection system and provide the necessary protection. In this context, by entering the SELLER Website, the BUYER is deemed to have accepted that he/she is responsible for all errors that may occur in his/her software and operating systems and their direct or indirect consequences.

4.14. SELLER; The SELLER reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete user information and data registered on the SELLER Website.

4.15. Sides; It accepts and declares that all computer records belonging to the SELLER will be taken as the sole and real exclusive evidence in accordance with Article 193 of the Code of Civil Procedure and that the said records constitute an evidence contract.

 

ARTICLE 5 - SELLER'S REPRESENTATIONS AND COMMITMENTS

5.1. The Seller is responsible for delivering the Goods/Service subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the Seller cannot deliver the product subject to the contract within the deadline due to force majeure or extraordinary circumstances that prevent transportation, he is obliged to notify the Buyer of the situation as soon as possible. If the Goods/Service subject to the contract will be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.

5.2. Stock statuses of the products on sale are updated from the SELLER's stocks. Despite updates in seller stocks, the shipping time of products that are out of stock due to unforeseen reasons may be extended. In this case, the customer is informed by phone or e-mail. Depending on the customer's request, the order may be changed, delivery may be delayed, or the order may be canceled. In case of cancellation of the order, if the payment was made by credit card, it will be transferred back to the credit card, or if the payment was made by bank transfer, it will be transferred back to a bank account specified by the customer.

5.3. The SELLER determines the prices of all products sold on the website, in accordance with the free economy rules. This includes Tag Price, Sale Price and Discounted Price. No one, including the BUYER, product manufacturer, importer or distributor, has the authority to force the price to be changed. Spelling errors are the exception.

5.4. When the BUYER places the order, the information entered for the order is checked. Therefore, before the BUYER's Order is sent, an e-mail confirming the order must first be sent to the BUYER.

5.5. Orders placed after 15:30 on Fridays will be processed on Monday. Orders falling on holidays and holidays will be processed on the first business day following.

5.6. Transportation and delivery fees vary depending on the content of the orders, the type of delivery selected and the place of delivery. Transportation fee information can be viewed in detail on the payment screens where the shopping takes place.

5.7. Deliveries are delivered only by identity verification with the cargo companies determined by the SELLER or with its own distribution network. Delivery cannot be requested with a different cargo company. When receiving the ordered package, it must be checked and damaged or faulty packages should not be received. As soon as the package is received, the BUYER's Order will be deemed to have been delivered complete and intact by the cargo authority.

5.8. SELLER makes international deliveries.

5.9. SELLER is free to choose the types of products to be sold through the virtual store according to his own decisions. BUYER has no right to object regarding this issue.

5.10. After the order is received, it is prepared by the SELLER and delivered to the cargo. If the ordered product is not delivered within the specified period, the delay in question is caused by the cargo company and the SELLER cannot be held responsible for such delay. In case of a delay in order delivery, the BUYER is obliged to immediately notify the SELLER.

5.11. BUYER will track his shipped order via the Internet via the Cargo Tracking Number sent to him in the Order Confirmation.

ARTICLE 6 - RIGHT OF WITHDRAWAL

The BUYER has the right to reject and withdraw the product within 14 days from the delivery of the product subject to the contract to himself or to the person/organization at the address indicated by him, without giving any justification and without paying any penalty. The right of withdrawal period is the day the contract was established in contracts regarding the performance of services; In contracts regarding the delivery of goods, it starts on the day the consumer or a third party designated by the consumer receives the goods. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within this period, and the box/package content of the product must be intact and the product must be in a resellable condition. If this right is exercised, it is mandatory to return the copy of the cargo delivery report stating that the product delivered to the third party or the BUYER was sent to the SELLER and the original invoice. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The product price is returned to the BUYER within 14 days from the date on which the consumer's notice of withdrawal reaches the seller. The shipping cost, EFT deduction and other expenses of the product returned due to the right of withdrawal are covered by the SELLER.

We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or services within fourteen days from the date of receipt of the goods or the date of signing of the contract, without any legal or criminal liability, and without giving any justification, and to take back the goods from the date on which the notice of withdrawal reaches the seller or provider.

ARTICLE 7 - RETURN PROCEDURE

7.1. Credit Card Refund Procedure: In cases where the BUYER exercises his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the consumer by the decisions of the arbitration committee, if the purchase is made by credit card and in installments, the credit card return procedure is stated below:

Depending on how many installments the BUYER purchased the product in, the bank repays the customer in installments. After the SELLER pays the entire price of the product to the bank in one go, in case the installment expenditures made through the bank POS are refunded to the BUYER's credit card, the requested refund amounts are transferred by the bank to the holder's accounts in installments in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the BUYER until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 refund will be reflected on the card every month and the customer will receive the installments he paid before the return for an additional month equal to the number of installments he paid before the return, after the installments of the sale are completed and the current will be deducted from its debts.

  In case of returning goods and services purchased by card, the SELLER cannot pay the customer in cash, in accordance with the contract made with the bank. In case of a return transaction, the BUYER workplace, i.e. the SELLER, will make the refund via the relevant software, and since the BUYER workplace, i.e. the SELLER, is obliged to pay the relevant amount to the bank in cash or on account, the customer cannot be paid in cash in accordance with the procedure we have explained above. The refund to the credit card will be made by the bank in accordance with the above procedure, after the SELLER pays the fee to the bank in one lump sum. BUYER acknowledges and undertakes that he has read and accepted this procedure.

7.2. Refund Procedure in Money Order/EFT payment options: In Money Order/EFT payment options, the refund will be made by requesting the consumer's bank account information and made to the account specified by the consumer (the account must be in the name of the person at the billing address or in the name of the user BUYER) by money transfer and/EFT.

 

ARTICLE 8 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Unless otherwise agreed by the parties, the consumer cannot exercise his right of withdrawal in the following contracts:

  1. a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
  2. b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.
  3. c) Contracts for the delivery of goods that can quickly deteriorate or expire.

ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.

  1. d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
  2. e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
  3. f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
  4. g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.
  5. g) Contracts regarding services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
  6. h) Contracts regarding services that started to be performed with the approval of the consumer before the right of withdrawal expires.

Products sold within the scope of the campaign cannot be returned under any circumstances.

ARTICLE 9: LIABILITY ARISING FROM DEFECT

Defective Goods: Products that are contrary to the quality or quality stated in its packaging, label, introduction and user manual or advertisements and announcements, or declared by the seller, or determined in its standard or technical regulation, or that reduce its value or the benefits expected by the consumer in terms of its allocation or purpose of use. Goods containing material, legal or economic deficiencies that eliminate or eliminate them are considered defective goods.

The consumer is obliged to report the defect to the seller within thirty days from the date of delivery of the goods. In this case, the consumer has the right to withdraw from the contract, which includes a refund, to replace the product with a defect-free product, or to request a price reduction or free repair in proportion to the defect. The seller is obliged to fulfill this request of the consumer. In addition to one of these optional rights, the consumer also has the right to demand compensation from the manufacturer-producer in cases where the defective product causes death and/or injury and/or causes damage to other goods in use.

If those who are held responsible for the defect by this article have not assumed responsibility for the defect for a longer period of time, liability for defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect appeared later.

Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.

It is mandatory for the manufacturer or seller to place a label containing the phrase "disabled" on the defective goods to be sold or on its packaging, in a way that the consumer can easily read. There is no obligation to place this label in places where only defective goods are sold or where a section, such as a floor or a section, is permanently allocated to the sale of defective goods in a way that the consumer can know. The fact that the product is defective is shown on the invoice, receipt or sales document given to the consumer.

Unsafe goods, even if the label be placed on the market is impaired. The provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation Concerning Products apply to these products.

These provisions also apply to any consumer transaction regarding the sale of goods.

Warranty Certificate: Manufacturers or importers must issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The responsibility of completing the warranty certificate containing the date and number of the invoice for the product and giving it to the consumer belongs to the seller, dealer or agency. The warranty period starts from the delivery date of the goods and is at least two years. However, due to their characteristics, the warranty conditions of some goods may be determined by the Ministry with another unit of measurement.

SELLER; If the goods covered by the warranty certificate fail within the warranty period, the company is obliged to repair the goods without demanding any labor costs, replacement part cost or any other fee.

The consumer may exercise his right to repair in cases where the failure to benefit from the product continues due to frequent malfunctions within the warranty period, or if the maximum time required for repair is exceeded, or if it is understood that repair is not possible. The seller cannot refuse this request. If this request of the consumer is not fulfilled, the seller, dealer, agency, manufacturer-producer and importer are jointly responsible.

Malfunctions caused by the consumer's use of the product contrary to the provisions in the user manual are outside the scope of the provisions of the second and third paragraphs.

The Ministry is responsible for determining and announcing which industrial goods must be sold with a warranty certificate and the maximum time required for the repair of faults of these goods, by taking the opinion of the Turkish Standards Institute.

Warranty and Repair Period: Warranty period; It starts from the date of delivery of the goods to the consumer and is at least two years and/or the value determined by the unit of measurement in the attached list.

If the warranty period is determined by another unit of measurement, the product must have a mechanism for determining this unit of measurement or its structure must be suitable for determining this value. Otherwise, the warranty period is assumed to be 2 years.

These provisions also apply to any consumer transaction regarding the sale of goods.

Warranty Certificate: Manufacturers or importers must issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The responsibility of completing the warranty certificate containing the date and number of the invoice for the product and giving it to the consumer belongs to the seller, dealer or agency. The warranty period starts from the delivery date of the goods and is at least two years. However, due to their characteristics, the warranty conditions of some goods may be determined by the Ministry with another unit of measurement.

SELLER; If the goods covered by the warranty certificate fail within the warranty period, the company is obliged to repair the goods without demanding any labor costs, replacement part cost or any other fee.

The consumer may exercise his right to repair in cases where the failure to benefit from the product continues due to frequent malfunctions within the warranty period, or if the maximum time required for repair is exceeded, or if it is understood that repair is not possible. The seller cannot refuse this request. If this request of the consumer is not fulfilled, the seller, dealer, agency, manufacturer-producer and importer are jointly responsible.

Malfunctions caused by the consumer's use of the product contrary to the provisions in the user manual are outside the scope of the provisions of the second and third paragraphs.

The Ministry is responsible for determining and announcing which industrial goods must be sold with a warranty certificate and the maximum time required for the repair of faults of these goods, by taking the opinion of the Turkish Standards Institute.

Warranty and Repair Period: Warranty period; It starts from the date of delivery of the goods to the consumer and is at least two years and/or the value determined by the unit of measurement in the attached list. In case of malfunction of the goods, the time spent in repair is added to the warranty period.

The repair period of the product cannot exceed the maximum repair period declared in the regulation. This period starts from the date of notification of the malfunction of the product to the service station, or in the absence of a service station, to one of the seller, dealer, agent, representative, importer or manufacturer of the product. Consumer's fault notification; It is possible to do so by telephone, fax, e-mail, registered letter or similar means. However, in case of dispute, the burden of proof belongs to the consumer.

ARTICLE 10 - DEFAULT PROVISIONS

If the parties fail to fulfill their obligations under this contract, the Default provisions in Articles 106-108 of the Code of Obligations will apply. In cases of default, if any party does not fulfill its obligations within the specified period without a justified reason, the other party will give 7 days to the non-performing party to fulfill the obligation in question. If it is not fulfilled within this period, the party that does not fulfill its obligation will be deemed to be in default and the creditor party may request the performance of the debt and delay compensation due to the non-performance of the debt, or may request compensation for its losses arising from the non-performance of the debt by stating that it has renounced these rights to the other party, or may withdraw from the contract. In case of withdrawal from the contract, the parties are mutually relieved of their obligation to perform and may request back the previously performed acts. In this case, unless the debtor proves that he is flawless, he is obliged to compensate the creditor for the damages suffered due to the invalidity of the contract. The interest rate to be applied in case of default is the T.R. in force on the date the debt arises. It is the Central Bank (CBRT) overnight borrowing interest rate.

If the Seller cannot deliver the product subject to the contract within the time limit due to force majeure that may prevent the Seller from fulfilling this obligation or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, In such cases, the Buyer declares that the Seller has no responsibility and that the order is not delivered. may exercise one of the rights to cancel or postpone the delivery period until the disabling situation disappears. If the BUYER cancels the order, the amount paid will be paid to him within 14 days. (For installment purchases made by credit card, the above procedure for refund to the credit card is accepted by the BUYER.)

ARTICLE 11 - COMPETENT COURT

If Consumers have problems with the Seller, and if the Seller cannot resolve the problem, they can submit their complaints and objections regarding transactions up to 66,000.00 TL to the Consumer Problems Arbitration Committee where they purchased the product or where they reside; They can apply for complaints and objections regarding transactions where the product cost is over 66,000.00 TL, to the Consumer Court where they purchased the product or where they reside.

In accordance with the Communiqué on increasing the monetary limits in Article 68 of the Law on Consumer Protection No. 6502 and Article 6 of the Regulation on Consumer Arbitration Committees, the lower monetary limit for provincial arbitration committees operating in provinces with metropolitan status to be responsible and authorized to hear disputes is 66,000.00 TL. is.

ARTICLE 12 - ENFORCEMENT

This Agreement, consisting of 12 (twelve) articles, has been concluded by being read by the Parties and approved electronically by the Buyer, and has entered into force immediately.

SELLER: Meirra domestic and foreign trade limited company

BUYER: [This information will vary depending on your order]