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Distance Sale Ragulations

 

ARTICLE 1- PARTIES TO THE AGREEMENT

SELLER: ARMAK İTH.İHR.İNŞ.LTD.ŞTİ.

Folkart Towers A Kule Adalet Mah. Manas Bulv. No:47/BK:26 D:2601 Bayraklı ,  İZMİR

Trade Registry Number: 39245-5

Email:info@makbaby.com

 

BUYER: Customer

 

ARTICLE 2- SUBJECT OF THE AGREEMENT

2.1. The subject of this contract is the sale of the goods/services that the Buyer has ordered electronically from the Seller's www.makbaby.com website (hereinafter referred to as "makbaby.com"), which has the qualities described in writing on the product and whose sales price is specified in the contract. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the delivery and delivery.

2.2. The buyer, the basic characteristics of the goods/services subject to sale below, sales price, payment method, delivery conditions, etc. He/she accepts and declares that he/she has knowledge of all preliminary information about the goods/services subject to sale and the right of "withdrawal", that he/she confirms this preliminary information in electronic environment with his/her own will and then orders the goods/services in accordance with the provisions of this contract. Preliminary information and invoice on the payment page of makbaby.com are integral parts of this contract.

ARTICLE 3- GOODS SUBJECT TO THE CONTRACT

3.1. The type and type, quantity, brand/model, color, sales price including taxes of the goods are as stated in the service introduction information published on the makbaby.com internet address and on the invoice, which is an integral part of this contract. Name of Good: Number of Goods in Size: Sale Price:

3.2. Payment method:

3.3. Due to the fact that the forward sales are made only with the credit cards of the Banks, the buyer accepts, declares and undertakes that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the buyer, in accordance with the provisions of the legislation in force.

3.4. Billing address

ARTICLE 4 - AGREEMENT DATE These two copies of the contract, which were previously signed by the Seller, will be deemed to have been accepted by the Buyer on the confirmation date of the order in the system and one copy will be sent to the Buyer's address specified in the 1st item above. By confirming this Agreement electronically and confirming the order in the system, the Buyer confirms that he has obtained the address, billing address, basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely.

ARTICLE 5 - DELIVERY OF GOODS/SERVICES, PERFORMANCE PLACE OF THE AGREEMENT AND DELIVERY METHOD Goods/services will be delivered to the Buyer at the Buyer's address written in the 1st article above, unless otherwise stated in writing. The Buyer accepts, declares and undertakes that the information he gives about the delivery of his order, such as "Delivery Information" and "Buyer", is correct and up-to-date, and that he or she accepts that the order can only be received by itself or the recipients it has determined, against presentation of identity.

ARTICLE 6 - DELIVERY COSTS AND PERFORMANCE

6.1. Delivery costs belong to the Buyer. Paid shipments are not accepted at the delivery address. If the Seller has declared on the website that the delivery fee will be covered by the shoppers who shop more than the amount declared during the transaction period in the system, or that they will make free delivery within the campaign, the delivery cost belongs to the Seller. delivery; Availability of stock for ready-made products is made as soon as possible, depending on the production time for printed products and after the cost of goods is transferred to the seller's account.

6.2. The order will be deemed to have been placed after the Buyers payment information has been approved, and if the Buyer has uploaded his own work, the sent works suitability for printing is received electronically. Orders placed on Saturday/Sunday are deemed to have been placed on the Monday following the confirmation of the payment information. Orders that coincide with public holidays and public holidays are considered received on the first business day following the confirmation of the payment information.

6.3. The seller delivers the goods/services within 30 (thirty) days from the order.

ARTICLE 7- DELIVERY COSTS AND PERFORMANCE: DELIVERY OF GOODS/SERVICES

7.1. The seller is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals in cases where delivery is mandatory in accordance with the legislation.

7.2. The goods/services are delivered to the buyer at the address requested by the buyer in the country. If the Buyer requests delivery to someone other than himself or to another address from his own address, he shall be deemed to have notified and approved the delivery address to the Seller by making the necessary changes in the electronic environment before confirming this request.

7.3. The buyer has the responsibility of inspecting the goods before delivery. For the delivery of the goods/services subject to the order; The distance sales contract must be confirmed electronically by the buyer and the price must be paid in the form of payment preferred by the buyer.

ARTICLE 8- DECLARATIONS AND COMMITMENTS OF THE BUYER

8.1. Goods/services are delivered by cargo companies. makbaby.com and the seller are not responsible for delays, damages, losses and other disruptions caused by the cargo company.

8.2. The buyer shall inspect the contracted goods/services before receiving them, including any dents, broken, torn packaging etc. will not receive the damaged and defective goods/services from the cargo company and will return it to the cargo officer by keeping a report. Otherwise, the received goods/services shall be deemed to be undamaged and intact. It is the Buyer's responsibility to carefully protect the goods/services after delivery.

8.3. In the event that the relevant bank or financial institution fails to pay the price of the goods/services to the seller due to the unfair or unlawful use of the credit card of the Buyer after the delivery of the goods/services by unauthorized persons, which is not due to the fault of the buyer, the Buyer shall pay the goods/services 3 (Three) is obliged to send it to the seller within the same day. In this case, shipping costs are the responsibility of the buyer. Otherwise, the buyer is obliged to compensate all losses incurred by the Seller due to this unjust enrichment.

ARTICLE 9- STATEMENTS AND COMMITMENTS OF THE SELLER

9.1. The seller is responsible for the delivery of the contracted goods/services intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the goods/services subject to the contract are to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to be delivered does not accept the delivery. The seller returns the cost of goods/services and the valuable papers, if any, within 10 (ten) days after the notification of withdrawal is received.

9.2. If the Seller fails to fulfill its contractual obligations in the event that the product subject to the contract cannot be supplied or the service becomes impossible, it may supply the Buyer with a different product of equal quality and price before the expiry of the contractual performance obligation, provided that it is based on a justified reason, or may seek a refund.

9.3. For the delivery of the product subject to the contract, the price must be paid. If for any reason the price of the product is not paid or canceled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the product. 9.4. If the Seller cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the Buyer of the situation. In this case, the Buyer may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is eliminated.

ARTICLE 10 - CHARACTERISTICS OF THE GOODS/SERVICES SUBJECT TO THE AGREEMENT Type and type, quantity, brand/model, color and sales price of the goods/services, including all taxes. as stated on the invoice. The seller cannot be held responsible for any information or statement that is not on its own product or on the makbaby.com site.


ARTICLE 11- CASH PRICE OF GOODS/SERVICES The cash price of the goods/services are included in the invoice sent to the customer together with the sample invoice sent by the Seller at the end of the order and the product.

ARTICLE 12- TERM PRICE The price of the goods/services according to the maturity made to the sales price is included in the invoice sent to the customer together with the sample invoice sent to the buyer at the end of the order and the product.

ARTICLE 13- INTEREST It cannot be more than the interest rate determined by the Government of the Republic of Turkey every year and in any case 30%. The buyer is responsible for the bank he works with in accordance with Article 13.

ARTICLE 14- DOWNLOAD AMOUNT The down payment amount of the goods/services is included in the invoice sent to the customer together with the sample invoice sent at the end of the order and the product.

ARTICLE 15- PAYMENT PLAN In case the buyer makes purchases by credit card and in installments, the installment form chosen from the site is valid. In installment transactions, the relevant provisions of the contract signed between the Buyer and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the Buyer. If the buyer makes purchases with a credit card and in installments, he can also track the number of installments and payments from the account statement sent by the bank.

ARTICLE 16- RIGHT OF WITHDRAWAL The Buyer may use his right of withdrawal within 14 (fourteen) days from the delivery, except for the exceptions specified in this contract. If the right of withdrawal is exercised, the Buyer's goods/services must not be used and the product packaging must not even be damaged. The invoice must be returned to the seller. The seller returns the cost of goods/services and valuable papers, if any, within 10 (ten) days after the declaration of withdrawal, the product subject to the declaration of withdrawal, and the invoice are received. For justifiable reasons, the seller may supply the buyer with goods or services of equal quality and price before the contractual performance period expires. If the seller thinks that the performance of the goods/services has become impossible, he shall notify the buyer before the performance period of the contract expires. The paid price and documents, if any, are returned within 10 (ten) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the buyer. The delivery cost of the goods/services returned due to the right of withdrawal shall be borne by the Seller.

In order for the return to be processed, you must fill out the return form on the back of the invoice that comes with your order and send it to the address below with Aras Kargo or Yurtiçi Kargo  as Cash Pay.

ARMAK İTH.İHR.İNŞ.LTD.ŞTİ.

Folkart Towers A Kule Adalet Mah. Manas Bulv. No:47/BK:26 D:2601 Bayraklı ,  İZMİR

 

ARTICLE 17 - GOODS/SERVICES THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

17.1. Printed products and all other goods/services that are produced in accordance with the Buyers special requests and demands or that are personalized by making changes or additions, as well as goods/services that cannot be returned due to their nature, goods/services that deteriorate rapidly and expire, disposable goods/services are hygienic goods/services. In this way, the consumer cannot use the right of withdrawal and cannot be asked for a refund for the goods produced in accordance with the special requests and demands of the Buyer or which have been personalized by making changes or additions.

17.2. In the event that the printed products are requested to be canceled before they are printed, the fees for the transactions made up to that point (proof printing, graphic editing, etc.), if any, will be deducted for the relevant orders and the amount will be returned to the Buyer.

17.3. In addition, in terms of its nature; Returns of disposable products, copyable software and programs are not accepted. The return of the following products is subject to the condition that the packaging of the product is unopened, intact and the product is unused and untested. a) All Kinds of Cosmetics and Personal Care Products b) All kinds of software and programs, books c) DVD, VCD, CD and cassettes d) Computer and stationery consumables (toner, cartridge, tape, etc.) e) Products falling into the hygiene sensitivity group

ARTICLE 18- GENERAL PROVISIONS

18.1. The buyer declares on the makbaby.com website that he has read and learned the preliminary information about the basic characteristics, sales price and payment method and delivery of the product subject to the contract and has given the necessary confirmation in electronic environment.

18.2. Buyer; By confirming this contract electronically, it confirms that before the conclusion of the distance contracts, the address to be given to the consumer by the Seller, the basic features of the ordered products, the price of the products including taxes, payment and delivery information are correct and complete.

18.3. The Buyer approves all kinds of commercial electronic messages to be sent to him by the Seller. In this context, the Buyer accepts and declares that all kinds of information may be sent to him by the Seller for information, marketing and/or advertising purposes, without any prior permission from the Buyer, via automatic search systems such as fax, e-mail, short message or other communication means. .

ARTICLE 19- STATUS OF DEFAULT AND ITS LEGAL CONSEQUENCES In case the buyer defaults on his credit card transactions, the cardholder will pay interest and be liable to the bank within the framework of the credit card contract signed by the bank with him. 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, in the event that the buyer defaults due to his debt, the buyer agrees to pay the seller's loss and damage due to the delayed performance of the debt.

ARTICLE 20 - AUTHORIZED COURT In disputes that may arise from this contract, Consumer Arbitration Committees up to the value declared by the Ministry of Industry and Trade, Consumer Courts over the specified value; Courts of First Instance are authorized in places that cannot be found.

ARTICLE 21 - NOTIFICATION ADDRESSES makbaby.com does not request postal addresses from its members in advance. However, the e-mail address notified by the member is considered as an e-mail where the legal address will be requested for any notification regarding this contract. Unless the parties notify the other party in writing of changes in their current e-mails within 3 (three) days, they agree that requests to old e-mails will be valid and will be deemed to have been made to them. Again, any notification made by the makbaby.com member using the registered e-mail address will be deemed to reach the member 1 (one) day after the e-mail is sent by makbaby.com. The MEMBER declares, accepts and undertakes that he has read, understood and accepted all of the articles in this participation agreement and that he has approved the accuracy of the information he has given about himself.

 

ARTICLE 22- AMENDMENTS TO THE CONTRACT

The seller and makbaby.com may change this agreement unilaterally at any time they deem appropriate. This change will be notified to makbaby.com or members' email addresses.

ARTICLE 23- FORCE MAJEURE Force majeure; Including, but not limited to, natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to this, power outages and bad weather conditions that are beyond the reasonable control of the relevant party. will be interpreted as events. It is the Buyer's responsibility to check the information to be sent when information is requested about the suitability of the order sent by the Buyer. The seller  ve makbaby.com is not responsible for the delay that will occur if the buyer does not give feedback. In all cases deemed as force majeure, in case the seller  ve makbaby.com performs late or incompletely or fails to perform any of the acts determined by this contract, no compensation can be demanded from them under any name and condition. This contract becomes valid from the moment it is approved by the Buyer during the membership process.

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