This Distance Sales Agreement (“Agreement”) has been prepared in accordance with the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation. The parties to this Agreement accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation under this Agreement. The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation regarding the sale and delivery of the Goods/Services, which have the characteristics specified in the Agreement, and which the Buyer electronically ordered from the Seller via the website https://maisonpactole.com. The parties accept and declare that the conclusion of this Agreement will not prevent the fulfillment of the provisions of the website membership agreements and similar agreements concluded by the parties.
ARTICLE 3 – BASIC CHARACTERISTICS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE AGREEMENT (INCLUDING VAT)
Name Quantity Stock Code Unit Price Total Without Tax Total Tax Total
The advertised prices and promises are valid until they are updated and changed. Prices advertised for a limited period are valid until the end of the specified period.
Name Total Shipping Fee Shipping Fee Total Sale Price Including Shipping (Including VAT):
Payment Method and Plan: Bank transfer/EFT
ARTICLE 4 - DELIVERY OF GOODS AND DELIVERY METHOD
The Agreement comes into force with the electronic approval by the Buyer and is fulfilled upon the delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the address and to the authorized person(s) specified by the Buyer in the order form and in this Agreement.
Delivery Address: Recipient:
ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE
Unless otherwise stipulated, the delivery costs of the goods belong to the Buyer. If the Seller declares on the Website that the delivery fee will be covered by itself, the delivery costs will belong to the Seller. Delivery of the goods; will be made within the promised period if the Seller's stock is available and after the payment is made. The Seller delivers the Goods/Services within 30 (thirty) days from the order of the Goods/Services by the Buyer, reserving the cases where the performance of the Goods/Services becomes impossible. If the price of the Goods/Services is not paid by the Buyer for any reason or the payment made is canceled in the bank records, the Seller is deemed to be relieved of the obligation to deliver the Goods/Services.
The Buyer is responsible for the shipping fee in case of order cancellations made by the Buyer after the goods are shipped by the Seller but before they are received by the Buyer.
ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE BUYER
The Buyer declares that he/she has read the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method of the Goods/Services subject to the Agreement on the Website, as well as the delivery and shipping costs, and has given the necessary confirmation electronically. Buyers can submit their requests and complaints as Consumers to the Seller's contact information provided above and/or through the channels provided by the Website. By confirming this Agreement and the Preliminary Information Form electronically; the Buyer confirms that he/she has obtained accurate and complete information about the address, the basic features of the ordered Goods/Services, the price of the Goods/Services including taxes, and the payment and delivery information that must be provided by the Seller to the Buyer before the conclusion of distance contracts. If the Buyer receives damaged, broken, torn packaging, etc., or defective Goods/Services from the shipping company without inspecting them before receiving the Goods/Services subject to the Agreement, the responsibility is entirely his/her own. The Goods/Services received from the shipping company official by the Buyer will be deemed to be undamaged and sound. After delivery, the responsibility for the Goods/Services and any damage belongs to the Buyer. If the relevant bank or financial institution does not pay the price of the Goods/Services to the Seller due to the unauthorized, unfair or unlawful use of the Buyer's credit card by unauthorized persons in a way not caused by the Buyer's fault after the delivery of the Goods/Services, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that they have been delivered to him/her. In this case, the delivery costs belong to the Buyer.
ARTICLE 7 - DECLARATIONS AND COMMITMENTS OF THE SELLER
The Seller is responsible for delivering the Goods/Services subject to the Agreement to the Buyer in accordance with Consumer Legislation, sound, complete, in accordance with the characteristics specified in the order, and with warranty documents and user manuals, if any. If the Seller cannot deliver the Goods/Services subject to the contract within the period due to force majeure or extraordinary circumstances preventing transportation, he is obliged to notify the Buyer within 3 (three) days from the date he learns about the situation. If the Goods/Services subject to the contract are to 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.
ARTICLE 8 – RIGHT OF WITHDRAWAL
The Buyer may return the purchased Goods/Services by exercising the right of withdrawal within 14 (fourteen) days from the delivery date, without incurring any legal or criminal liability and without giving any reason. Notification of the right of withdrawal and other notifications related to the Agreement will be sent to the Seller's contact addresses and/or through other communication channels specified on the https://maisonpactole.com website.
It is essential to notify the Seller within the period in accordance with the provisions of the legislation and the right of withdrawal option on the https://lalivenatural.com website for the exercise of the right of withdrawal. In case of exercising the right of withdrawal: a) The Buyer returns the Goods to the Seller within 10 (ten) days from the date of exercising the right of withdrawal. b) The box, packaging, standard accessories if any, and other products given as gifts with the product, if any, of the Goods to be returned within the scope of the right of withdrawal must be returned completely and undamaged. The price of the Goods is refunded to the Buyer in the manner paid by the Buyer within 14 (fourteen) days following the exercise of the right of withdrawal. When the Goods are returned to the Seller, the original invoice presented to the Buyer during the delivery of the Goods must also be returned by the Buyer. As long as the Buyer sends the Goods to be returned with the Seller's contracted cargo company specified in the preliminary information form, the return shipping fee belongs to the Seller. If the Buyer sends the Goods to be returned with a cargo company other than the Seller's contracted cargo company specified in the preliminary information form, the Seller is not responsible for the return shipping fee and any damage the Goods may suffer during the cargo process. If the right of withdrawal is exercised after the order confirmation but before the delivery of the Goods, the Buyer will be responsible for the return shipping fee.
ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised in the following cases:
a) In contracts related to goods or services whose price fluctuates depending on financial markets and are not under the control of the seller (jewelry, gold, and silver products).
b) In contracts for the delivery of goods prepared in accordance with the consumer's wishes or explicit personal needs, which are not suitable for return due to their nature and are prone to rapid spoilage or whose expiration date may pass.
c) In contracts for 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) In contracts related to goods that are mixed with other products after delivery and cannot be separated by nature.
e) In contracts related to books, audio or video recordings, software programs, and computer consumables presented in a tangible medium, provided that their protective elements such as packaging, tape, seal, package have been opened by the consumer.
f) In contracts for the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement.
g) In contracts related to accommodation, freight transport, car rental, food and beverage supply, and leisure time activities for entertainment or recreation that must be performed on a specific date or period.
h) In contracts for the performance of betting and lottery services.
ı) In contracts for services that have started to be performed with the consumer's consent before the right of withdrawal period expires.
i) In contracts for services performed instantly in electronic environment and intangible goods delivered instantly to the consumer, and if the Goods/Services subject to the contract consist of types of Goods/Services that are excluded from the scope of application of the Distance Contracts Regulation (foodstuffs, beverages, or other daily consumption items delivered to the buyer's residence with regular deliveries by the seller, and services in areas such as travel, accommodation, restaurants, entertainment industry), the right of withdrawal cannot be used due to the inapplicability of the provisions of the Distance Contracts Regulation to the legal relationship between the Buyer and the Seller.
ARTICLE 10 - RESOLUTION OF DISPUTES
In the application of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Goods or Services and where he/she resides are authorized up to the value announced by the Ministry of Industry and Trade. District/provincial consumer arbitration committees are authorized regarding consumer demands in line with the lower and upper limits specified in the 1st paragraph of Article 68 of the Law No. 6502 on Consumer Protection.
ARTICLE 11 - PRICE OF THE GOODS/SERVICES
The cash or deferred sales price of the goods is the price available in the order form, as well as in the informative email sent after the order and in the invoice content sent to the customer with the product. Discounts, coupons, shipping fees, and other applications that may be made by the Seller are reflected in the sales price.
ARTICLE 12 - DEFAULT AND LEGAL CONSEQUENCES
If the Buyer defaults on transactions made with a credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the resulting expenses and attorney's fees from the Buyer, and in any case, if the Buyer defaults on his/her debt, the Buyer will be responsible for the damage and loss suffered by the Seller due to the delayed performance of the Buyer's debt.
ARTICLE 13 – NOTIFICATIONS AND EVIDENCE AGREEMENT
All correspondence to be made between the Parties under this Agreement will be made via e-mail, except for mandatory cases specified in the legislation. The Buyer accepts, declares and undertakes that in disputes arising from this Agreement, the official books and commercial records of the Seller, and the electronic information and computer records kept in its own database and servers, will constitute binding, conclusive and exclusive evidence, and that this article is an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 14 - EFFECTIVE DATE
This Agreement, consisting of 14 (fourteen) articles, has been read by the Parties and entered into force by being approved electronically by the Buyer on 01-09-2023 at 17:26:42.
Seller: Miva Araz - Maison Pactole
Buyer:
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