Distance Sales Contract
Gurmay Tekstil San. Ve Tic. A.S.(“Magic Form”) delivers/sells the products offered for sale through this distance sales channel only to the final consumers in retail. Any order that is clearly not a retail sale and generally all fraudulent orders will be deemed invalid by Magic Form. The consumer accepts, declares and undertakes regarding the professional/occupational/commercial activities of the shopping he/she makes through this distance sales channel.
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ARTICLE 1 - PARTIES |
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1.1. SELLER: |
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Gurmay Textile Industry and Trade Inc. |
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1.2- BUYER: |
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Name / Surname / Title: |
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ARTICLE 2 - SUBJECT |
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The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the www.magicform.com website belonging to the SELLER. |
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3.1- Type and Kind of Products, Quantity, Brand/Model, Color, Sales Price Including Taxes (as quantity x unit price) are as stated below. |
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· The payment information for the order total to be sent to your bank is in the section above. · Your bank may organize campaigns and apply a higher number of installments than the number you have selected, and services such as installment deferral may be offered. Such campaigns are at the discretion of your bank and if our company is aware of them, information about the campaigns is provided on our pages. · Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months by taking into account fractional differences. The creation of your detailed payment plan is at the discretion of your bank. |
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ARTICLE 4 - GENERAL PROVISIONS |
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4.1- BUYER declares that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the contractual product on the www.magicform.com website and has given the necessary confirmation electronically. Placing an order by the Buyer means accepting the “Legal Warning and Terms of Use” and “Information Text on Protection of Personal Data and Cookies” texts on the Website. All orders are processed in accordance with these provisions and the “Legal Warning and Terms of Use” and “Information Text on Protection of Personal Data and Cookies” texts on the Website. |
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ARTICLE 5 - RIGHT OF WITHDRAWAL |
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The BUYER has the right of withdrawal within 7 days from the delivery of the contractual product to him/her or to the person/institution at the address he/she has indicated. In order to use the right of withdrawal, the SELLER must be notified by fax, email or telephone within this period and the product must not have been used within the framework of the provisions of Article 6. In the event of use of this right, the original invoice and a copy of the cargo delivery report stating that the product delivered to a 3rd party or the BUYER was sent to the SELLER must be returned. The product price will be returned to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and any other legal obligations cannot be returned. The cargo cost of the product returned due to the right of withdrawal will be covered by the SELLER. |
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ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED |
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The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, single-use products, products that deteriorate quickly or products that have expired. The right of withdrawal for the following products is subject to the condition that the packaging of the product is unopened, undamaged and the product is unused. |
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ARTICLE 7 - DEFAULT PROVISIONS |
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In the event that the parties fail to fulfill their obligations arising from this contract, the provisions of the Debtor's Default in the relevant article of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations within the time limit, the other party shall grant the party that has failed to fulfill its obligation a period of 7 days to fulfill the obligation in question. If fulfillment is made within this period, the party that has failed to fulfill its obligation shall be deemed to be in default and the creditor shall have the right to demand the delivery of the goods, and/or the termination of the contract and the refund of the price by demanding the performance of the obligation. |
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ARTICLE 8 - COMPETENT COURT |
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In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts at the place of residence of the BUYER or SELLER are authorized up to the value declared by the Ministry of Industry and Trade. |
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If the order is placed, the BUYER is deemed to have accepted all the terms of this contract. |
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SELLER: Gurmay Textile Industry and Trade Inc. |
