DISTANCE SELLING CONTRACT

DISTANCE SELLING CONTRACT

1- PARTIES

1.1. SELLER:

Title: MEMO SUNGLASSES (HAKAN SAN)

Address: Kemankes Mah. Kemankes Cad. 53 Fransiz Gecidi C9 Karaköy, İstanbul, Türkiye

Phone: +90 212 292 07 80

E-mail : info@memosunglasses.com

Mersis (Central Registration System) No.: 0759076548800001

1.2. BUYER (“CONSUMER”):

Name/Surname/Title:

Address:

Phone:

Email:

2- SUBJECT MATTER

Subject matter of this contract is establishment of rights and obligations of the parties with respect to sale and delivery of the product with characteristics and selling price written below, ordered online by the CONSUMER from the website www.memosunglasses.com, in accordance with the provisions of Consumer Protection Law no. 6502.

3- PRODUCT CONSTITUTING THE SUBJECT MATTER OF THE CONTRACT, PAYMENT AND DELIVERY DETAILS

3.1- Name, quantity, VAT inclusive selling price, mode of payment and basic characteristics of the goods or services under the Contract:

Name of Product Basic Characteristics Qty Selling Price

 

3.2- Mode of Payment: Advance Payment by Credit Card (Single Payment)

Payments are made by credit card in a single payment or by EFT/wire transfer. Your bank may allow payment in installments, installment deferment, etc. by organizing campaigns. Such campaigns are on your bank’s own initiative; and information on campaigns is provided on our website if they are within the knowledge of our company.   

3.3 – Return/Refund Procedure:

In the event that the CONSUMER exercises his/her right of withdrawal, or that ordered product cannot be provided for various reasons, or that a refund to the CONSUMER is determined by decisions of arbitration committee, refund procedure depending on payment options are written below:

  1. a) In the event that the CONSUMER purchased the product by credit card in a single payment, refund will be made in a lump sum to his/her account. In the event that the CONSUMER purchased the product by installment as allowed by the Bank, the Bank makes refund to the CONSUMER in installments depending on the number of installments arranged at the time of purchase. In the event of return of installment expenditures made via Bank POS terminals to the CONSUMER’s credit card after the SELLER pays the price of product completely in a lump sum to the bank, refundable amounts claimed are transferred to the accounts of the relevant party by the Bank in installments in order to avoid unjust treatment to the parties.    
  2. b) Refund Procedure in case of Wire Transfer/EFT Payment Options

Refund shall be made by wire transfer and EFT to the account stated by the CONSUMER by requesting bank account details from the CONSUMER (it is required that the account is in the name of the person stated in the billing address or in the name of the user member). The SELLER shall refund the product price to the Bank completely in a lump sum.

In case of return of goods and services purchased by wire transfer/EFT, the SELLER cannot make cash payment to the CONSUMER pursuant to the contract between it and the Bank. The SELLER shall make refund via the relevant software in case of a return transaction, and because the SELLER is obliged to pay the relevant amount to the Bank in cash or on account, the CONSUMER cannot be refunded in cash pursuant to the aforementioned procedure.

The CONSUMER accepts and undertakes that he/she has read and accepted these return/refund procedures.

3.4- Mode of Delivery and Address:

Delivery is made to the CONSUMER whose name and address are written above by contract courier. Courier fee may vary and shall be added to total amount of order. It is not included in the price of product. Packaging, courier and delivery costs shall be borne by the CONSUMER. Even if the CONSUMER is not present at his/her address at the time of delivery, our Company shall be deemed to have fulfilled its obligation completely. For this reason, the SELLER shall not be liable for any loss and expense arising from the CONSUMER’s late receipt of the product and/or failure to receive the product. The SELLER shall be responsible for delivery of the product under the contract completely, in good condition, in compliance with the characteristics defined in the order, and together with warranty certificates and user’s manuals if any.

4- RIGHT OF WITHDRAWAL:

The CONSUMER shall have the right to withdraw from this Distance Selling Contract signed with the SELLER within 14 (fourteen) days without giving any reason and without paying penalty. The withdrawal period shall start from the day on which the contract is concluded for service contracts and from the day on which the CONSUMER or a third party determined by the CONSUMER receives the goods for goods delivery contracts. However, the CONSUMER may also exercise his/her right of withdrawal within the period from conclusion of the contract until delivery of the goods. In determination of the withdrawal period;

  1. a) for the goods constituting the subject of a single order but delivered separately, the day of receipt of the last item of goods by the CONSUMER or a third party determined by the CONSUMER shall be taken as a basis,
  2. b) for goods consisting of more than one part, the day of receipt of the last part by the CONSUMER or a third party determined by the CONSUMER shall be taken as a basis,   
  3. c) for contracts under which the goods are delivered regularly for a certain period of time, the day of receipt of the first item of goods by the CONSUMER or a third party determined by the CONSUMER shall be taken as a basis. You can send written notice of withdrawal before the expiry of withdrawal period.   

5- GENERAL PROVISIONS:

5.1- The CONSUMER declares that he/she has read and been informed about the preliminary information on the product under the contract on the website www.memosunglasses.com and that he/she has given necessary confirmation in electronic environment.

5.2- The product shall be delivered within 30 days following the date of contract at the latest. Entire liability shall be assumed by the SELLER until the time of delivery of the product.

5.3- If the Product under the contract is to be delivered to any person/organization other than the CONSUMER, the SELLER shall not be held responsible for the reason that the person/organization intended to take delivery does not accept the delivery.

5.4- The SELLER shall be responsible for delivery of the product under the contract completely, in good condition, in compliance with the characteristics defined in the order and together with warranty certificates and user’s manuals if any.

5.5- For delivery of the product under the contract, it is required that the price of this contract is paid by the method of payment preferred by the CONSUMER. If the product price is not paid or canceled in bank records for any reason, the SELLER shall be deemed to have been relieved from the obligation of delivery of the product.

5.6- In the event that the bank or financial institution concerned does not pay the product price to the SELLER because credit card belonging to the CONSUMER is used unjustly or unlawfully by unauthorized parties without the CONSUMER’s fault after delivery of the product, the product shall be returned to the SELLER provided that it was delivered to the CONSUMER.

5.7- In the event that products sold with or without warranty certificate are defective (faulty, broken, etc.) or go out of order within the scope and under the terms and conditions of warranty, the said products can be sent to the SELLER for performance of necessary repair by authorized service.

5.8- The relevant sections must be completed on the invoice with return slip sent to you by us and then returned to us after signing it together with the product for return/refund transactions pursuant to Tax Procedure Law General Communique no. 385.

6- SETTLEMENT OF DISPUTES:

Any dispute arising out of or in connection with this contract shall be submitted to Turkish Courts; and governing law shall be Turkish Law.

For disputes up to the value announced by the Ministry of Customs and Trade annually, applicable within the borders of the Republic of Turkey, Provincial or District Consumer Arbitration Committees at the place where the CONSUMER’s transaction is performed or where the CONSUMER resides shall have jurisdiction; and for disputes above the said value, Consumer Courts at the place where the CONSUMER’s transaction is performed or where the CONSUMER resides shall have jurisdiction.  

In the event of realization of the order, the CONSUMER shall be deemed to have accepted all terms and conditions of this Contract.

                                SELLER                                                                                                                                   BUYER (“CONSUMER”) :