Distance Selling Contract

1. PARTS

 This agreement has been entered into between the following parties within the framework of the terms and conditions set out below.

1. "BUYER" (hereinafter referred to as "BUYER" in the contract)

NAME SURNAME:

ADDRESS:

1. "SELLER" (hereinafter referred to as "SELLER" in the contract)

NAME SURNAME:

ADDRESS:

The BUYER, by signing this contract, confirms the order under the contract, and agrees in advance to have the obligation to pay the amount of the order, if any, the additional expenses indicated as the cost of shipping and taxes and to be informed in this regard.

2. DEFINITIONS

In the application and interpretation of this contract, the terms indicated below refer to the descriptions indicated alongside.

MINISTER: The Minister of Customs and Commerce;

MINISTRY: The Ministry of Customs and Commerce;

LAW: Consumer Protection Law n. 6502;

REGULATION: Regulation of Distance Contracts (Official Gazette: 27.11.2014 / 29188);

SERVICE: All kinds of consumer transactions with the exception of the supply of goods, carried out or undertakes to be carried out, for a fee or interest;

SELLER: The company that offers goods to the consumer or acts in the name and on behalf of the one who offers goods, in the context of commercial or professional activities;

BUYER: The natural or legal person who acquires, uses or uses goods or services for non-commercial or professional purposes;

SITE: The SELLER's website;

ORDERING PARTY: The natural or legal person who requests goods or services on the SELLER's website,

THE PARTIES: THE SELLER and THE BUYER;

CONTRACT: This contract entered into between SELLER and BUYER;

GOODS: Movable assets and intangible assets such as software, audio, video and the like, prepared for the purpose of being used in the digital environment, as part of the purchase;      

3. OBJECT

This contract governs the rights and obligations of the parties relating to the sale and delivery of the product, the nature and sale price of which are indicated below, which is ordered by the BUYER, electronically, on the SELLER's website, in compliance with the Consumer Protection Law n. 6502 and the provisions of the Distance Contracts Regulations.

The prices listed and published on the site are the sales prices. Published prices and promotions are valid until updated and changed. The prices published for a fixed period, on the other hand, are valid by the end of the indicated term.

4. SELLER'S DATA

Denomination:

Address :

Phone :

Fax :

Email:

5. BUYER'S DATA

Consignee:

Delivery address :

Phone :

Fax :

Email / Username:

6. DATA OF THE ORDERING PARTY

Name / Surname / Title:

Address :

Phone :

Fax :

Email / Username:

7. PRODUCT DATA / PRODUCTS SUBJECT TO THE CONTRACT

• The main characteristics of the goods / product / products / services (type, quantity, brand / model, color, pieces) are published on the SELLER's website. If a campaign has been launched by the Seller, you can review the main characteristics of the relevant product during the campaign. It is valid by the relevant campaign date.

• The prices listed and published on the site are the sales prices. Published prices and promotions are valid until updated and changed. The prices published for a fixed period, on the other hand, are valid by the end of the indicated term.

• The sale price, including all taxes, of the product or service, object of the contract, is indicated below.

Product Description	Piece	Unit price	Subtotal (VAT included)
Shipping Cost
Total:

 

Methods and Payment Plan

Delivery address

The Consignee

Invoice address

Order Date

Delivery date

Delivery methods

• The cost of the courier, as the cost of shipping the product, will be paid by the BUYER.

8. INVOICE DATA

Name / Surname / Title:

Address :

Phone :

Fax :

Email / Username:

Invoice Delivery: The invoice will be delivered together with the order to the invoice address during the delivery of the order.

9. GENERAL CLAUSES

9.1. The BUYER accepts, declares and undertakes to have read on the SELLER's website and to be aware of the preliminary information relating to the main characteristics, the sale price, the method of payment and delivery of the product, subject of the contract, and of having given the necessary confirmation in the electronic field. The confirmation of the preliminary information by the BUYER, in the electronic field, indicates that the BUYER accepts, declares and undertakes to have received, correctly and completely, the address, the main characteristics of the products ordered, the sale price of the products, including taxes, as well as payment and delivery data, necessary to be provided by the SELLER, before the constitution of the distance selling contract.

9.2. Each product, object of the contract, is delivered to the BUYER or to the person and / or organization, at the address indicated by this LAST, within the term defined in the preliminary information area on the website, depending on the distance from the residence of the BUYER, provided it does not exceed the legal term of 30 days. In the event of non-delivery to the BUYER within the deadline, the BUYER reserves the right to withdraw from the contract.

9.3. The SELLER accepts, declares and undertakes to deliver the product, object of the contract, in an intact manner, in accordance with the nature indicated in the order and, if there is one, with a guarantee certificate, instruction manual and data and documents in accordance with as foreseen, to fulfill the requirements in full and in accordance with the standards, within the principles of correctness and honesty and free from any defect, in accordance with the requirements of the legal regulations, to maintain the quality of the service and bring it to the highest level, to pay the necessary attention and diligence and act with prudence and foresight when carrying out the work.

9.4. The SELLER can provide a different product of the same quality and price, informing the BUYER before the expiry of the obligation to fulfill the contract and receiving his explicit consent.

9.5. In case of impossibility of the performance of the product or service, object of the order, the SELLER, if he cannot fulfill the contractual obligations, accepts, declares and undertakes to communicate this circumstance in writing to the consumer within 3 days from the date of knowledge and to reimburse the BUYER the total amount within 14 days.

9.6. The BUYER accepts, declares and undertakes to confirm this contract, electronically, for the delivery of the product, which is the subject of the contract, and that, in the event of non-payment of the cost of the product and / or in the event of cancellation in the registers banks, for any reason whatsoever, the cost of delivering the product, object of the contract, by the SELLER will end.

9.7. Following the delivery of the product, object of the contract, to the BUYER or to the person and / or organization, at the address indicated by this LAST, if the price of the relevant product is not paid to the SELLER by the bank or by the competent financial institution, consequently to the illicit use of the BUYER's credit card by unauthorized persons, the BUYER accepts, declares and undertakes to return to the SELLER the product, which is the subject of the contract, within the term of 3 days so that the shipping cost is borne by the SELLER.

9.8. In the event that the SELLER cannot deliver the product, which is the subject of the contract within the due time, due to unforeseeable causes of force majeure, not attributable to the parties and for cases that prevent and / or delay the fulfillment of the obligations of the parties, accepts, declares and undertakes to communicate the circumstance to the BUYER. This LAST has the right to ask the SELLER to cancel the order, change the product, which is the subject of the contract, with another similar one, if any, and / or postpone the delivery time until the impediment is eliminated. In payments made by the BUYER's credit card, the amount of the product is returned to the competent bank within 14 days following the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that the approximate time between the amount returned to the credit card by the SELLER and its crediting to the BUYER's account by the bank may take 2 or 3 weeks, that the situation , relating to the crediting of the amount to the BUYER's account, once delivered to the bank, is completely inherent to the banking procedure process and therefore the BUYER cannot hold the SELLER responsible for any delays.

9.9. The SELLER has the right to reach the BUYER for the purposes of communication, marketing, notification or others, through letters, e-mail, SMS, telephone call or other means, to be received on data such as postal address, address e-mail, fixed and mobile telephone lines and other contact information, which have been indicated by the BUYER in the registration form on the site or subsequently updated by the same. The BUYER, by signing this contract, accepts and declares that the SELLER can come into contact with him through the aforementioned communication routes.

9.10. The BUYER, before taking delivery of the product / service covered by the contract, will check it, as it will not accept the delivery of the damaged and defective product / service such as crushed, broken and with damaged packaging etc. by the shipping company. The product / service taken over will be considered intact and undamaged. The obligation to carefully maintain the product / service after delivery is the responsibility of the BUYER. If you want to exercise the right of withdrawal, the product / service must not be used. The invoice must be returned.

9.11. If the BUYER and the holder of the credit card used during the purchase are not the same person or if a hole in the security relating to the credit card used is ascertained, before delivering the product to the BUYER, the SELLER may request the PURCHASER to show the identification data and contact information of the credit card holder, the extract from the previous month of the credit card used in the purchase, or a note from the bank which certifies that the holder of the credit card is the same. In the time elapsed in which the BUYER provides the requested data / documents, the order will be suspended and in the event that the aforementioned requests are not carried out within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER accepts, declares and undertakes that his personal and other data, provided by him when registering on the SELLER's website, are true to the truth, which he will refund, instantly, in cash and in a single solution and on the first communication of the SELLER, all the damages that the SELLER will suffer for the reason of the untruthfulness of such data.

9.13.  The BUYER accepts and undertakes in advance to respect and not violate the provisions of the legal regulations, in the use of the SELLER's website. Otherwise, all civil and criminal obligations that will arise will bind the BUYER completely and exclusively.

9.14. The BUYER may not use, in any way, the SELLER's website for the purpose against the law and in such a way as to subvert public order and public morality or to an extent that disturbs and torments other people, much less from violate the material and moral rights of others. Furthermore, the same cannot carry out operations of an impeding or complicated nature (spam, viruses, Trojan horses, etc.) to the use of the services by others.

9.15. On the SELLER's website, you can leave the link to other websites and / or contents that the SELLER does not manage under its own control and / or that third parties own and / or manage. These links are positioned in order to provide the BUYER with the ease of orientation and do not support any website or the one who manages that website, and does not carry any guarantee inherent in the data contained in the website whose link is given.

9.16. The user who violates one or more clauses, indicated in this contract, is held liable in person from a civil and criminal point of view due to the aforementioned violation and exempts the SELLER from the civil and criminal consequences resulting from these violations. Furthermore, in the event that the fact is subject to jurisdiction, following the violation, the SELLER reserves the right to seek compensation from the BUYER for the latter's breach of the membership contract.                     

10. RIGHT OF WITHDRAWAL

10.1. The BUYER, in the event that the distance contract relates to the sale of goods, can exercise the right of withdrawal from the contract, refusing the goods, without assuming any civil or criminal liability and without having to give any justification, provided that he communicates to the SELLER within 14 (fourteen) days from the date of delivery of the product to the same or to the person / organization at the address indicated by him. On the other hand, in distance contracts, relating to the supply of services, this term starts from the date of signing the contract. In service contracts in which the fulfillment of the service begins with the confirmation of the consumer, the right of withdrawal cannot be exercised before the expiry of the term of the right of withdrawal. The costs arising from the exercise of the right of withdrawal are borne by the SELLER. The BUYER, by signing this contract, agrees in advance to be informed of the right of withdrawal.

10.2. In order for the right of withdrawal to be exercised, a written communication must be sent to the SELLER within 14 (fourteen) days by registered mail with return receipt, fax or e-mail and that the product must not fall into the category of " Products Not Provided by the Right of Withdrawal ", governed by this contract. In case of exercise of this right;

1. The invoice of the product delivered to the BUYER or to a third person (If the invoice of the product to be returned has been issued to a legal person, it must be returned together with the return note, issued by the same legal person. of orders, whose invoice has been issued to legal entities, will not be completed until the RETURN STAMP is issued.)
2. Return form,
3. It is necessary that the products to be returned are returned together with its packaging, packaging, if any, standard accessories, intact and undamaged,
4. The SELLER is required to return the BUYER the total amount and documents binding the BUYER within a maximum period of 10 days, as well as to take delivery of the product within 20 days, starting from the receipt of the communication of withdrawal.
5. If there is a decrease in the value of the product or it is impossible to return it for a reason deriving from the non-fulfillment of the BUYER, the latter is required to compensate the SELLER for damages to the extent of its defect. However, the BUYER is not held responsible for changes or defects manifested following the proper use of the product or goods within the term of the right of withdrawal.
6. In the event that it is less than the campaign limits amount, issued by the SELLER, for the reason for exercising the right of withdrawal, the discount amount used in the context of the campaign is canceled.

1. 11. PRODUCTS NOT PROVIDED FOR BY THE RIGHT OF WITHDRAWAL

In accordance with the Regulations, it is not possible to return the following products, in case of opening of the packaging by the BUYER; products prepared at the express request or in line with the BUYER's personal needs and are not available to be returned as underwear, bottom piece swimsuits and bikinis, make-up products, disposable products, goods with the risk of rapid deterioration or goods of consumption with possible expiration date close, products not suitable for being returned from the point of view of health and hygiene in case of opening the packaging by the BUYER, following the delivery to the same; products that are confused with others after delivery, so it is impossible to separate them by their nature; continuous edition products such as newspapers and magazines, in addition to those provided in the context of the subscription agreement; services that are fulfilled instantly in the electronic field or intangible assets that are instantly delivered to the consumer, as well as voice and image registers, books, digital content, software programs, registration and data storage devices, consumer goods for computers. Furthermore, pursuant to the same Regulation, it is impossible for the right of withdrawal to be exercised in relation to services in which the fulfillment begins with the confirmation of the consumer, before the expiry of the term of the right of withdrawal.

So that cosmetic and personal care products, underwear products, swimwear, bikinis, books, playable software and programs, DVDs, VCDs, CDs and cassette players, as well as stationery consumables can be returned ( toner, cartridge, ribbon, etc.), the packaging must not be opened, the product must not be tested, broken or used.

12. ARRIVALS AND LEGAL CONSEQUENCES

When the PURCHASER carries out payment transactions by credit card, in the event of a default, the cardholder accepts, declares and undertakes to pay the interest under the credit card agreement entered into with the bank and to be responsible to it. In this case, the competent bank can take legal action, demand from the BUYER the expenses to be incurred and the legal fee and in any case, in the event that the BUYER falls into default for its debt, accepts, declares and undertakes to compensate for damages and losses that the SELLER suffers for the delay in fulfillment.

13. JURISDICTION

In disputes arising from this contract, disputes and objections will be submitted to the Arbitration Board for Consumer Protection or to the Consumer Court, existing in the place of residence of the consumer or where the consumer transaction was carried out, within the financial limits indicated in the following law. The data relating to the financial limits are indicated below:

Valid from 28.05.2014, we address:

2. Pursuant to Art. 68 Law on Consumer Protection n. 6502, in disputes with a value of less than 2,000.00 (Two thousand) TL, to district arbitration boards for the protection of consumers;
3. In disputes with a value of less than 3,000.00 (Three thousand) TL, to the provincial arbitration boards for the protection of consumers;
4. In the provinces with the status of metropolis, in disputes with the value between 2,000.00 (Two thousand) TL and 3,000.00 (Three thousand) TL, to the provincial arbitration boards for the protection of consumers.

This contract is entered into for commercial purposes.

14. EFFECTIVENESS

The BUYER, when making the payment for the order placed on the site, is to be understood as having accepted all the clauses of this contract. The SELLER, before placing the order, is required to make the necessary digital adjustments, in order to receive the consent that this contract has been read on the site and accepted by the BUYER.

SELLER:

BUYER:

DATE:

CANCELLATION AND RETURN CLAUSES

CONSUMER RIGHTS - WITHDRAWAL CLAUSES - CANCELLATION AND RETURN

GENERALITY:

1. In the event that you place your order electronically on the website you use, it is understood that you have accepted the preliminary information form and the remote sales contract, which are provided to you.
2. Buyers are subject to the Consumer Protection Law n. 6502, with the provisions of the Distance Contracts Regulations (Official Gazette: 27.11.2014 / 29188), as well as with the other regulations in force, relating to the sale and delivery of the product they have purchased.
3. The courier costs, such as shipping costs, will be paid by the buyers.
4. Each purchased product is delivered to the person and / or organization at the address indicated by the buyer, as long as it does not exceed the legal term of 30 days. If the product is not delivered within the deadline, the buyers can terminate the contract.
5. The purchased product must be delivered intact and in accordance with the nature indicated in the order, and if there is, with the documents such as warranty certificate and instruction manual.
6. If the purchased product is unable to be sold, the seller is required to notify the buyer in writing of this circumstance within 3 days from his knowledge. The total amount must be returned to the buyer within 14 days.

IN CASE OF NON-PAYMENT FOR THE PURCHASED PRODUCT

7. If the buyer does not pay the amount of the product he purchased or cancels it in the bank records, the seller's burden for the delivery of the product ends.

PURCHASES MADE WITH THE UNAUTHORIZED USE OF THE CREDIT CARD:

8. Following the delivery of the product, if it is ascertained that the unlawful use of the credit card by unauthorized persons, with whom the buyer has made the payment, and the amount of the product sold is not paid to the seller by the bank or the competent financial institution, the buyer is required to return the product covered by the contract to the SELLER within 3 days so that the shipping cost is borne by the SELLER.

IN CASE OF NON-DELIVERY OF THE PRODUCT IN TIME FOR UNEXPECTED REASONS:

9. If there are causes of force majeure, unforeseeable to the seller, and the product cannot be delivered on time, the circumstance is communicated to the buyer. The latter may request the cancellation of the order, the exchange of the product with another similar one or postpone the delivery time until the obstacle is eliminated. If the buyer cancels the order, having made the payment in cash, this amount is returned in cash within 14 days of cancellation. If the buyer cancels the order, having paid by credit card, the amount of the product is returned to the bank within 14 days of the cancellation, with the possibility, however, that the transfer of the amount to the buyer's account could take 2-3 weeks.

THE BUYER'S DUTY OF CONTROL OF THE PRODUCT:

10. The buyer will check the product / service covered by the contract before taking it over, as it will not accept delivery of the damaged and defective product / service such as crushed, broken and with damaged packaging etc. by the shipping company. The product / service taken over will be considered intact and undamaged. The obligation to carefully maintain the product / service after delivery is the responsibility of the BUYER. If you want to exercise the right of withdrawal, the product / service must not be used. The invoice must be returned with the product.

RIGHT OF WITHDRAWAL:

11. The buyer can exercise the right of withdrawal from the contract, refusing the goods, without assuming any civil and criminal liability and without having to give any justification, provided that he communicates to the SELLER through the following contact information within the term of 14 (fourteen) days from the date of delivery of the product to the same or to the person / organization at the address indicated by him. 

12. CONTACT INFORMATION AT WHICH THE COMMUNICATION TO THE SELLER FOR THE RIGHT OF WITHDRAWAL MUST BE MADE:

Name / Business Name: Matilde Dış Ticaret Anonim Şirketi

Address: Merdivenköy Mah. Dikyol Sok. B Blok No: 2 İç Kapı No: 108 Kadıköy / İstanbul

Email: contact@matildeskincare.com

Phone: +90 216 3260420

Fax: +90 216 3260500

TERM FOR THE RIGHT OF WITHDRAWAL:

13. If what was purchased by the buyer is a service, this 14-day term begins from the date of signing the contract. In service contracts in which the fulfillment of the service begins with the confirmation of the consumer, the right of withdrawal cannot be exercised before the expiry of the term of the right of withdrawal.
14. The costs arising from the exercise of the right of withdrawal are borne by the SELLER.
15. In order for the right of withdrawal to be exercised, a written communication must be sent to the SELLER within 14 (fourteen) days by registered mail with return receipt, fax or e-mail and that the product must not fall into the category of " Products Not Provided by the Right of Withdrawal ", governed by this contract.

EXERCISE OF THE RIGHT OF WITHDRAWAL:

16. The invoice of the product delivered to the BUYER or to a third person (If the invoice of the product to be returned has been issued to a legal person, it must be returned together with the return note, issued by the same legal person. of orders, whose invoice has been issued to legal entities, will not be completed until the RETURN STAMP is issued.)
17. Return form, the products to be returned must be returned together with their packaging, so that the packaging is closed, intact and undamaged.
18. In return operations, the return amount will be refunded to the credit card, the shipping amount being deducted from the refund amount to the PURCHASER.
19. Returns cannot be made for products purchased in pre-order.
20. Used products cannot be returned.

CONDITIONS OF RETURN:

18. The SELLER is required to return the BUYER the total amount and documents binding the BUYER within a maximum period of 10 days, as well as to take delivery of the product within 20 days, starting from the receipt of the communication of withdrawal.
19. If there is a decrease in the value of the product or it is impossible to return it for a reason deriving from the non-fulfillment of the BUYER, the latter is required to compensate the SELLER for damages to the extent of its defect. However, the BUYER is not held responsible for changes or defects manifested following the proper use of the product or goods within the term of the right of withdrawal.
20. In the event that it is less than the campaign limits amount, issued by the SELLER, for the reason for exercising the right of withdrawal, the discount amount used in the context of the campaign is canceled.

PRODUCTS NOT COVERED BY THE RIGHT OF WITHDRAWAL:

21. In accordance with the Regulations, it is not possible to return the following products, in case of opening of the packaging by the BUYER; products prepared at the express request or in line with the BUYER's personal needs and are not available to be returned as underwear, bottom piece swimsuits and bikinis, make-up products, disposable products, goods with the risk of rapid deterioration or goods of consumption with possible expiration date close, products not suitable for being returned from the point of view of health and hygiene in case of opening the packaging by the BUYER, following the delivery to the same; products that are confused with others after delivery, so it is impossible to separate them by their nature; continuous edition products such as newspapers and magazines, in addition to those provided in the context of the subscription agreement; services that are fulfilled instantly in the electronic field or intangible assets that are instantly delivered to the consumer, as well as voice and image registers, books, digital content, software programs, registration and data storage devices, consumer goods for computers. Furthermore, pursuant to the same Regulation, it is impossible for the right of withdrawal to be exercised in relation to services in which the fulfillment begins with the confirmation of the consumer, before the expiry of the term of the right of withdrawal.
22. So that cosmetic and personal care products, underwear products, swimwear, bikinis, books, playable software and programs, DVDs, VCDs, CDs and cassette players, as well as stationery consumables can be returned ( toner, cartridge, ribbon, etc.), the packaging must not be opened, the product must not be tested, broken or used. In international orders, the right of withdrawal can be exercised only if the SELLER has shipped the incorrect or defective product.

ARRIVAL AND LEGAL CONSEQUENCES:

23. When the PURCHASER carries out payment transactions by credit card, in the event of a default, the cardholder accepts, declares and undertakes to pay the interest under the credit card agreement entered into with the bank and to be responsible to it. In this case, the competent bank can take legal action, demand from the BUYER the expenses to be incurred and the legal fee and in any case, in the event that the BUYER falls into default for its debt, accepts, declares and undertakes to compensate for damages and losses that the SELLER suffers for the delay in fulfillment.

PAYMENT AND DELIVERY:

24. On our site you can pay by credit cards. At the end of the order, the amount will be withdrawn from your credit card.