DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement is signed between the parties under the terms and conditions specified below.
‘BUYER’; (hereinafter referred to as "BUYER" in the agreement)
‘SELLER’; (hereinafter referred to as "SELLER" in the agreement)
By accepting this agreement, the BUYER acknowledges that if they confirm the order, they will be obligated to pay the order amount, shipping fee, and any other additional charges such as taxes, and that they have been informed about this in advance.
2. DEFINITIONS AND SUBJECT OF THE AGREEMENT
The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product/service, whose characteristics and sales price are specified below, which the BUYER orders electronically through the website www.majolin.com.tr.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product listed below, whose characteristics and sales price are specified, which the BUYER orders electronically through the SELLER's website, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.
The prices listed and announced on the website are the sale prices. The announced prices and promises are valid until updated or changed. Periodically announced prices are valid until the specified period ends.
4. SELLER INFORMATION
Trade Name: OBERSAN MAKINE MÜHENDISLIK YAZILIM DIS TICARET VE SANAYI LIMITED SIRKETI
Address: ÇAYIRBASI MAH. DAVULCU SK. NO: 3 INNER DOOR NO: 1 SILE/ISTANBUL
Phone: 05365999950
Email: info@majolin.com.tr
5. INFORMATION OF THE PERSON PLACING THE ORDER (BUYER)
Name and Surname: [Buyer’s Name]
Address: [Delivery and Billing Address]
Phone: [Phone Number]
Email: [Email Address]
6. INFORMATION ON THE SUBJECT OF THE AGREEMENT (PRODUCT/SERVICE)
6.1. The basic characteristics of the product(s)/service(s) (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If the SELLER has launched a campaign, the basic features of the relevant product can be reviewed during the campaign period. This period is valid until the campaign date.
6.2. The listed and published prices on the site are the sale prices. The announced prices and promises are valid until updated or changed. Periodically announced prices are valid until the specified period ends.
6.3. The total sales price, including all taxes, for the product or service is shown below.
Payment Method and Plan
Delivery Address
Delivery Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
6.4. The product shipment cost, including the shipping fee, will be paid by the BUYER. Shipping is free for orders over 1500 TL, and it will be covered by the SELLER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the delivery address along with the order during the order delivery.
8. GENERAL PROVISIONS
8.1. The BUYER acknowledges, declares, and undertakes that they have read the product's basic characteristics, sales price, and payment method and delivery information on the SELLER's website and that they have confirmed the necessary details electronically.
8.2. Each product in the contract will be delivered to the BUYER or the person/institution at the address indicated by the BUYER within the time period specified in the "pre-information" section on the website, depending on the distance to the BUYER’s place of residence, and in no case later than 30 days from the order date. If the product cannot be delivered within this period, the BUYER has the right to cancel the contract.
8.3. The SELLER undertakes to deliver the product without any deficiencies, in accordance with the specifications specified in the order, and with all necessary documents such as warranty certificates, user manuals, and other information, in compliance with legal regulations, and in a manner that is sound, in conformity with standards, and in good faith.
8.4. Before the expiration of the performance period arising from the contract, the SELLER may supply a different product of equal quality and price after informing the BUYER and obtaining their explicit consent.
8.5. If the SELLER cannot fulfill the contract due to the impossibility of delivering the ordered product or service, they will inform the BUYER within 3 days of learning of the situation and will refund the total price to the BUYER within 14 days.
8.6. The BUYER acknowledges, declares, and undertakes that the SELLER’s delivery obligation will terminate if the product’s price is not paid or if the payment is canceled in the bank records before the product is delivered.
8.7. If the product is delivered to the BUYER or the recipient at the address indicated by the BUYER, and the credit card used by the BUYER is used fraudulently by unauthorized persons, the BUYER agrees to return the product within 3 days at the SELLER’s expense if the bank or financial institution does not make the payment.
8.8. In the case of force majeure, the SELLER will inform the BUYER if the product cannot be delivered within the specified time. The BUYER has the right to cancel the order, request replacement with an equivalent product, or postpone the delivery until the obstacle is removed. If the BUYER cancels the order, the payment will be refunded in cash within 14 days if paid in cash, or to the credit card within 14 days if paid by card.
8.9. The SELLER has the right to communicate with the BUYER via email, SMS, phone call, and other means of communication for purposes such as notifications, marketing, and customer relations. The BUYER consents to such communications.
8.10. The BUYER agrees to inspect the product upon delivery. If the product is damaged (e.g., dented, broken, or torn packaging), the BUYER should not accept it. After delivery, the product must be carefully preserved, and if the cancellation right is used, the product must remain unused.
8.11. If the person placing the order is different from the credit card holder or if a security flaw in the credit card is detected before delivery, the SELLER may ask the BUYER to provide identification and a bank statement or document proving the ownership of the card. If the required documents are not provided within 24 hours, the SELLER may cancel the order.
8.12. The BUYER guarantees that all personal and other information provided during the registration process on the website is true and undertakes to compensate the SELLER for any losses caused by incorrect information.
8.13. The BUYER agrees to comply with all applicable laws while using the SELLER’s website and not to violate any legal regulations.
8.14. The BUYER may not use the website in any way that violates public order, moral standards, or harms others, and may not engage in activities such as spam or introducing viruses that may disrupt the functionality of the website.
8.15. The website may provide links to other websites operated by third parties. These links are provided for convenience and do not imply any endorsement or guarantee of the content of those websites.
8.16. The BUYER will be solely responsible for any legal or criminal consequences arising from a violation of the provisions of this agreement, and the SELLER will be exempt from liability. The SELLER reserves the right to claim damages for any violations that result in legal action.
9. RIGHT OF WITHDRAWAL
9.1. The BUYER may exercise their right of withdrawal within 14 days from the date of delivery of the product to themselves or the designated recipient, without any legal or criminal liability and without providing a reason. In service contracts, the withdrawal period starts from the date the contract is signed. If the service has started before the expiration of the withdrawal period, the right of withdrawal cannot be used.
9.2. To exercise the right of withdrawal, the BUYER must notify the SELLER by registered mail, fax, or email within 14 days and return the product in accordance with the terms specified in this agreement.