Legal notice
This Agreement regulates the rights and obligations of the buyer and seller parties regarding the sale-delivery to the Buyer of the products / services ("Product / Products") specified below ("Product / Products") that the Buyer (Consumer) wishes to purchase by placing an order on the www.merssilkworld.com electronic commerce website ("INTERNET SITE") of the Seller, including the transactions made by using the application on the mobile device, and other issues. After the Buyer approves this contract on the INTERNET SITE, the price and costs of the product(s) ordered and the costs incurred are collected through the payment method he / she has chosen.
Article 1: PARTIES
SELLER
Title: Mers Silk World
Address: NEP OFFICE, 06510 Ankara , Türkiye
Telephone: +90 554 826 03 24
Fax :
E-mail: info@merssilkworld.com
Product Return Address:
BUYER
Name Surname
Address:
Telephone:
E-Mail Address:
Article 2: CONTRACT SUBJECT PRODUCT, PRICE, PAYMENT AND DELIVERY
Delivery information, including the type and type, number, brand/model/colour, unit price(s) and sales price of the products (goods/services), payment (collection) information and the delivery address provided by the buyer, are as follows. In cases where the cargo company that will make the delivery does not have a branch in the buyer's region, the buyer is required to pick up the delivery from another nearby cargo branch to be notified by the seller (The necessary information in this regard will be given to the buyer by e-mail, SMS or telephone). Other issues regarding delivery are stated in Article 7 of the contract below.
Article 3- ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR
BUYER confirms that he/she has been informed about the following issues by seeing and reviewing all general and specific explanations on the relevant pages and sections of the WEBSITE, before this Agreement is accepted and established by the BUYER on the WEBSITE and before entering into the order and payment obligation. - SELLER's title and contact information and current introductory information, - Purpose-appropriate tools-methods for correcting incorrectly entered information and the stages of the sales transaction during the purchase of the product(s) from the WEBSITE, - Professional Chamber of which the SELLER is a member ( Electronic contact information (Phone: 4440486, www.ito.org.tr) where ITO-Istanbul Chamber of Commerce) and ITO's rules of conduct regarding the profession can be obtained - Privacy, data use-processing and BUYER applicable to BUYER information applied by the SELLER electronic communication rules 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, - For the Product(s) subject to the contract. Payment method-tools accepted by the SELLER, basic features of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including related expenses), - Procedures for the delivery of the Products to the BUYER and transportation. - information about delivery-cargo costs, - other payment/collection and delivery information regarding the Products and information regarding the performance of the Contract, commitments-responsibilities of the parties in these matters, - Products and other goods-services for which the BUYER does not have the right to withdraw, - In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and the BUYER will lose the right of withdrawal if the right is not exercised within the period, - For Products with the right of withdrawal, due to the product not being used in accordance with the usage instructions, normal operation or technical specifications within the withdrawal period. If it is damaged or changed, the BUYER's request for withdrawal may not be accepted and in any case he will be responsible to the SELLER, and in cases where the SELLER accepts it, by deducting from the refund to be made to the BUYER an amount he deems appropriate according to the damage or change in question. - How the BUYER can return the Products to the SELLER in cases where he has the right of withdrawal and all related financial matters (including return methods, costs and refund of the Product price and discounts and deductions that can be made for the reward points earned/used by the BUYER during the return), - BUYER In case it is a legal person, it cannot use "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case), - All other sales conditions included in this Agreement, depending on its nature. Since this Agreement is approved and established by the BUYER on the WEBSITE and then sent to the BUYER by e-mail, it can be stored and accessed by the BUYER for a period of time requested, and the SELLER can keep it for three years. - In cases of dispute, the BUYER can submit his/her complaints to the SELLER using the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
Article 4 - RIGHT OF WITHDRAWAL
BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty. However, legally, there is no right of withdrawal in contracts regarding the following goods/services, even if they have not been used/used:
a) Goods prepared in line with the BUYER's special requests or his personal needs (including those made special to the person/personal needs by making changes or additions, including special Products imported/procured from within the country or abroad based on the BUYER's order) b) cosmetics, etc. with chocolate etc. Goods that are perishable or may expire quickly, such as foodstuffs
c) cosmetics, swimwear, underwear products, etc. Goods whose protective elements such as packaging, tape, seal, package etc. have been opened after delivery and whose return is not suitable for health and hygiene reasons
d) goods that are mixed with other products after delivery and cannot be separated due to their nature
e) Protective elements such as packaging, tape, seal, packet, opened books, CDs, DVDs, audio and video recordings, software, etc. All kinds of digital content products and computer consumables; vi) all services performed instantly in electronic environment and all kinds of intangible goods delivered instantly to the consumer
f) goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller/provider,
g) periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement
h) services that must be carried out on a certain date or period, such as accommodation, goods transportation, car rental, food and beverage supply and leisure time services for entertainment or recreation purposes.
i) Services started to be performed within the right of withdrawal period with the approval of the BUYER, and
j) Other goods and services that are generally considered outside the scope of distance sales in accordance with the relevant legislation and cases where the BUYER purchases for commercial/professional purposes. In cases where the right of withdrawal is possible, the BUYER is responsible by law for any changes or deteriorations that occur if the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Accordingly, if there is any change or deterioration due to not using the Product in accordance with the usage instructions, technical specifications and operation until the date of withdrawal, the BUYER may lose his right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the price of the Product to be returned up to the change / deterioration. In cases where there is a right of withdrawal, it is sufficient for the BUYER to send a clear notification to the SELLER (sent it verbally/in writing to the contact addresses specified above) within the legal 14-day period, stating that the BUYER has exercised the right of withdrawal. If the right in question is exercised within the period, the Product must be sent to the above address of the SELLER within a maximum of ten (10) days, at the BUYER's expense. If a contracted cargo company for product returns is specified on the WEBSITE, the BUYER can send the Product from a branch within or outside the District, in which case the BUYER will not be charged. In this return process, the Product must be delivered complete and undamaged, including its box, packaging and standard accessories, if any. In addition, in accordance with tax legislation, in cases where a Return Invoice is required to be issued by the BUYER by law, the following section regarding the return will be filled in and signed on the invoice to be returned together with the Product. Order returns whose invoices are issued on behalf of institutions (legal entities) will not be accepted unless a Return Invoice is issued). "The address to which the product will be returned, the SELLER address / the address of the cargo company to which it was delivered for return." Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date of withdrawal notification to the SELLER, the Product price and, if any, the delivery costs of the Product to the BUYER will be refunded to the BUYER in accordance with the payment instrument used when purchasing the Product. is done. BUYER's legal rights and responsibilities regarding the Products after the withdrawal period and SELLER's rights and obligations from the BUYER, including contractual and legal collection-setoff rights, including those related to reward points, are also present and valid.
Article 4 - RIGHT OF WITHDRAWAL
BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty. However, legally, there is no right of withdrawal in contracts regarding the following goods/services, even if they have not been used/used:
a) Goods prepared in line with the BUYER's special requests or his personal needs (including those made special to the person/personal needs by making changes or additions, including special Products imported/procured from within the country or abroad based on the BUYER's order) b) cosmetics, etc. with chocolate etc. Goods that are perishable or may expire quickly, such as foodstuffs
c) cosmetics, swimwear, underwear products, etc. Goods whose protective elements such as packaging, tape, seal, package etc. have been opened after delivery and whose return is not suitable for health and hygiene reasons
d) goods that are mixed with other products after delivery and cannot be separated due to their nature
e) Protective elements such as packaging, tape, seal, packet, opened books, CDs, DVDs, audio and video recordings, software, etc. All kinds of digital content products and computer consumables; vi) all services performed instantly in electronic environment and all kinds of intangible goods delivered instantly to the consumer
f) goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller/provider,
g) periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement
h) services that must be carried out on a certain date or period, such as accommodation, goods transportation, car rental, food and beverage supply and leisure time services for entertainment or recreation purposes.
i) Services started to be performed within the right of withdrawal period with the approval of the BUYER, and
j) Other goods and services that are generally considered outside the scope of distance sales in accordance with the relevant legislation and cases where the BUYER purchases for commercial/professional purposes. In cases where the right of withdrawal is possible, the BUYER is responsible by law for any changes or deteriorations that occur if the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Accordingly, if there is any change or deterioration due to not using the Product in accordance with the usage instructions, technical specifications and operation until the date of withdrawal, the BUYER may lose his right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the price of the Product to be returned up to the change / deterioration. In cases where there is a right of withdrawal, it is sufficient for the BUYER to send a clear notification to the SELLER (sent it verbally/in writing to the contact addresses specified above) within the legal 14-day period, stating that the BUYER has exercised the right of withdrawal. If the right in question is exercised within the period, the Product must be sent to the above address of the SELLER within a maximum of ten (10) days, at the BUYER's expense. If a contracted cargo company for product returns is specified on the WEBSITE, the BUYER can send the Product from a branch within or outside the District, in which case the BUYER will not be charged. In this return process, the Product must be delivered complete and undamaged, including its box, packaging and standard accessories, if any. In addition, in accordance with tax legislation, in cases where a Return Invoice is required to be issued by the BUYER by law, the following section regarding the return will be filled in and signed on the invoice to be returned together with the Product. Order returns whose invoices are issued on behalf of institutions (legal entities) will not be accepted unless a Return Invoice is issued). "The address to which the product will be returned, the SELLER address / the address of the cargo company to which it was delivered for return." Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date of withdrawal notification to the SELLER, the Product price and, if any, the delivery costs of the Product to the BUYER will be refunded to the BUYER in accordance with the payment instrument used when purchasing the Product. is done. BUYER's legal rights and responsibilities regarding the Products after the withdrawal period and SELLER's rights and obligations from the BUYER, including contractual and legal collection-setoff rights, including those related to reward points, are also present and valid.
Article 7 - GENERAL PROVISIONS
7.1. The product subject to the contract is delivered to the BUYER or the third party/organization at the address indicated on the WEBSITE, on the basis specified below, provided that the legal 30-day period is not exceeded. SELLER sends and delivers the products through the contracted cargo company. If this cargo company does not have a branch in the BUYER's location, the BUYER must receive the product from another nearby branch of the cargo company notified by the SELLER. Products in stock are delivered to the cargo within three (3) business days at the latest from the order date. However, if there are campaign Products in the same order, the campaign is expected to end and then, within 3 (three) business days at the latest, all ordered Products are given to the cargo company to be delivered to the person and address specified by the CONSUMER during the order. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) business days under normal conditions, depending on their distance.
7.2 In general and unless expressly stated otherwise, expenses incurred for delivery (shipping fee, etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER, depending on the campaigns it runs at the time of sale and whose terms are announced on the WEBSITE.
7.3. If the BUYER is not present at the address at the time of delivery of the products and the people at the address do not accept the delivery, the SELLER will be deemed to have fulfilled its responsibility in this regard. If there is no one at the address to receive the delivery, it is the BUYER's responsibility to contact the cargo company and track the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In these cases, any damages arising from the BUYER's late receipt of the Product and the expenses incurred due to the Product being waited in the cargo company and/or returning the cargo to the SELLER belong to the BUYER.
7.4. The BUYER is responsible for checking the Product upon receipt and, if he sees a problem with the Product caused by the cargo, not to accept the Product and to file a report with the Cargo company official. Otherwise, the SELLER will not accept responsibility.
7.5. The BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. In cash sales, if the Product price is not paid in full to the SELLER before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product. If, for any reason after the delivery of the product, the Bank/financial institution to which the credit card was used does not pay the price of the Product to the SELLER or requests a refund of the price paid, the Product will be returned to the SELLER by the BUYER within 3 days at the latest. If non-payment of the product price is due to a fault or negligence on the part of the BUYER, shipping costs will be covered by the BUYER. All other contractual and legal rights of the SELLER, including tracking that it will receive the Product price without accepting the return, are reserved separately and in any case. In order to avoid any hesitation; The BUYER pays the sales price to banks (including financial institutions) using credit cards, installment cards, etc. In cases where payment is made via , all opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price all at once or gradually are not credit or installment sales for the parties of this Agreement, they are cash sales. The legal rights of the SELLER in cases where sales are legally considered to be installment sales (including the rights to terminate the contract if the installments are not paid and/or demand payment of the entire remaining debt together with default interest) are available and reserved within the framework of the relevant legislation. In case of default by the BUYER, default interest is applied at the monthly rate as stipulated by the applicable laws.
7.6. If the product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the emergency.
7.8. In order cancellations and contract terminations, including contract-lawful withdrawals, if the Product price has been collected, it will be refunded to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The refund is made in accordance with the payment instrument used by the BUYER to pay the Product price to the SELLER. For example, in credit card payments, the refund is made by refunding the BUYER's credit card and the product amount is returned to the relevant bank within the same period after the order is canceled by the BUYER; Since the reflection of this amount to the BUYER's accounts after the refund of this amount to the bank is made by the SELLER is entirely related to the bank transaction process, the BUYER accepts that it will not be possible for the SELLER to intervene or take responsibility for possible delays (banks' process of reflecting the refund to the BUYER's account usually takes up to three weeks). ). The SELLER has and reserves the right to set off, discount and reduce the amount to be refunded, arising from this Agreement and the law. BUYER's legal rights are also reserved and available in cases where the contract is terminated by the BUYER due to the SELLER's failure to perform.
7.9. BUYER may communicate his/her demands and complaints regarding the product and sales to the SELLER verbally or in writing by contacting the SELLER communication channels in the introduction part of the Contract.
7.10. Some of the matters written in Article 3 above may not be included in this Agreement due to their nature; However, they are included in the Preliminary Information seen/approved by the BUYER on the WEBSITE, as well as in the sales stages or general information pages/sections of the WEBSITE, depending on its relevance.
7.11. Since the BUYER is sent to the e-mail address he notified after his acceptance, he can access and review the said Information and this Agreement at any time by saving and storing the said e-mail on his device. On the other hand, it is kept in the systems of the SELLER for three years.
7.12. SELLER records (including records on magnetic media such as computer-voice recordings) constitute evidence in resolving any disputes that may arise from this Agreement and/or its implementation; The rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
Article 8 - BUYER'S LEGAL APPLICATIONS - COMPETENT JUDICIAL AUTHORITIES
In case of disputes that may arise depending on this contract, the regulations determined by the Ministry of Customs and Trade every year in accordance with the law.
Provincial and District Consumer Arbitration Committees are authorized within the specified monetary limits, and Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in his or, if he wishes, the SELLER's place of residence. BUYER acknowledges that he has read all the conditions and explanations written in this Agreement and in the order and contract preliminary information that forms an integral part (on the WEBSITE), the basic features and qualifications of the Product(s) subject to sale, sales price, payment method, delivery conditions, SELLER and all other preliminary information regarding the Product subject to sale, including the right of withdrawal, personal information, electronic communication and reward points conditions, and that he/she has prior knowledge of all matters written in Article 3 of this Agreement, and has seen all of them electronically on the WEBSITE, and Again, by giving confirmation, approval, acceptance and permission to all these electronically, he accepts and declares that he accepts the provisions of this contract by ordering the product. Both the preliminary information in question and this contract are sent to the above e-mail address notified by the BUYER to the SELLER, and the confirmation of receipt of the order is also included in the said e-mail, together with the order summary.