Distance Sales Agreement

Distance Sales Agreement

1. Parties

This Distance Sales Agreement (hereinafter referred to as the “Agreement”) has been established between the SELLER, whose information is provided below, and the BUYER, who places an order electronically via the www.mianachonline.com website, under the terms and conditions specified below.

SELLER

Name Surname: Fatih Külcü

Brand Name: MIANACH

Beşiktaş / Istanbul

Phone: 05432606723

Email: mianachonline@gmail.com

Website: www.mianachonline.com

BUYER

Name Surname / Title: [information entered during order]

Address: [information entered during order]

Phone: [information entered during order]

Email: [information entered during order]

By accepting this Agreement, the BUYER acknowledges, declares, and undertakes that if they approve the order subject to the agreement, they will be obliged to pay the order price and, if any, shipping fees, taxes, and similar additional charges, and that they have been pre-informed about this matter.

2. Definitions

In the application and interpretation of this Agreement, the following terms shall have the meanings written opposite them:

  • Ministry: The Ministry of Trade of the Republic of Turkey,
  • Law: Law No. 6502 on Consumer Protection,
  • Regulation: The Regulation on Distance Contracts,
  • SELLER: Real or legal person offering goods to the consumer within the scope of their commercial or professional activities,
  • BUYER / CONSUMER: Real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
  • SITE: The SELLER's website www.mianachonline.com,
  • ORDERER: Real or legal person requesting a good or service through the SELLER's website,
  • PARTIES: The SELLER and the BUYER,
  • AGREEMENT: This Distance Sales Agreement concluded between the SELLER and the BUYER,
  • GOOD / PRODUCT: Movable property subject to purchase,
  • SERVICE: Any consumer transaction other than the provision of goods, performed or undertaken for a fee or benefit.

3. Subject

The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product or products, the qualities and sales price of which are specified on the SELLER's www.mianachonline.com website, ordered electronically by the BUYER.

The prices announced on the site are sales prices. The announced prices and commitments are valid until an update is made. Prices announced for a limited time are valid until the end of the specified period.

4. Seller Information

Name Surname: Fatih Külcü

Brand Name: MIANACH

Beşiktaş / Istanbul

Phone: 05432606723

Email: mianachonline@gmail.com

Website: www.mianachonline.com

5. Buyer Information

Person to be delivered to: [information entered during order]

Delivery address: [information entered during order]

Phone: [information entered during order]

Email / username: [information entered during order]

6. Orderer Information

Name Surname / Title: [information entered during order]

Address: [information entered during order]

Phone: [information entered during order]

Email / username: [information entered during order]

In cases where the orderer and the BUYER are not the same person, this information shall be based on what was declared during the order.

7. Product / Products Information Subject to the Agreement

7.1. The basic features, type, model, color, quantity, sales price, and payment information of the product or products are available on the website and are presented for the BUYER's approval during order completion.

7.2. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated. Time-limited campaigns and discounts are valid for the specified period.

7.3. The sales price of the product or service subject to the agreement, including all taxes, the payment method, and if applicable, the delivery / shipping fee, are shown as follows on the order summary screen:

  • Product / products: [automatically generated based on order]
  • Quantity: [automatically generated based on order]
  • Unit price: [automatically generated based on order]
  • Subtotal: [automatically generated based on order]
  • Shipping cost: [automatically generated based on order, if any]
  • Total sales price: [automatically generated based on order]

7.4. The BUYER acknowledges that they have been informed about the basic characteristics of the products, the total sales price, payment method, and delivery conditions before placing an order.

8. Invoice Information

Name Surname / Title: [information entered during order]

Address: [information entered during order]

Phone: [information entered during order]

Email / username: [information entered during order]

The invoice is prepared in accordance with the billing information provided during the order and is sent to the BUYER electronically or during product delivery in accordance with the relevant legislation.

9. General Provisions

9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sales price, payment method, delivery information, and the right of withdrawal of the product or products subject to the contract on the SELLER's website, and that they have given the necessary confirmation electronically.

9.2. Each product subject to the contract shall be delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period explained in the preliminary information section on the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days.

9.3. The SELLER acknowledges, declares, and undertakes to deliver the product subject to the contract complete, in accordance with the qualities specified in the order, and with warranty certificates and user manuals, if any.

9.4. If it is understood that the product subject to the contract cannot be supplied for a justifiable reason, the SELLER shall notify the BUYER in writing or via a permanent data storage device within 3 days from the date of learning the situation and shall refund all collected payments to the BUYER within a maximum of 14 days.

9.5. The BUYER acknowledges that they have approved this Agreement electronically for the delivery of the product subject to the contract and that the sales price has been paid via the preferred payment method. If for any reason the product price is not paid or is canceled in the bank records, the SELLER's obligation to deliver the product ceases.

9.6. If, after the delivery of the product, the credit card, debit card, or other payment instrument belonging to the BUYER is used unfairly or unlawfully by unauthorized persons due to no fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the delivered product to the SELLER within 3 days. In this case, the shipping cost belongs to the BUYER.

9.7. If the product cannot be delivered on time due to force majeure or extraordinary circumstances preventing transportation, the SELLER shall inform the BUYER of the situation. In this case, the BUYER may request the cancellation of the order, replacement with a similar product, or postponement of the delivery period until the obstacle is removed. If the order is canceled, the collected amount will be refunded to the BUYER within the framework of the relevant legislation.

10. Right of Withdrawal

10.1. In the case of a distance sales agreement relating to the sale of goods, the BUYER has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 days from the date of delivery of the product to them or to the person/organization at the address indicated by them, provided that they notify the SELLER.

10.2. To exercise the right of withdrawal, an explicit notification must be made to the SELLER via email or a permanent data storage device on the website within this period, and the product must be returned unused, resalable, undamaged, and with all its accessories, if any.

10.3. For the exercise of the right of withdrawal, the product to be returned must be sent complete with its box, packaging, standard accessories, and any gift items, if any.

10.4. Following the SELLER's receipt of the withdrawal notification, the product price and documents that put the BUYER into debt shall be refunded to the BUYER within the legal period, within the framework of the relevant legislation.

10.5. In case of exercising the right of withdrawal, the return shipping conditions for the product are subject to the return procedure communicated to the BUYER during the order. The party responsible for the return shipping fee will be specified separately in the pre-order information texts.

11. Cases Where the Right of Withdrawal Cannot Be Exercised

In accordance with the relevant legislation, the right of withdrawal cannot be exercised for the following contracts and products:

  • Products prepared in line with the BUYER's wishes or personal needs,
  • Products that are likely to spoil quickly or have an expired shelf life,
  • Products whose packaging has been opened and are not suitable for return for health and hygiene reasons,
  • Products that are mixed with other products after delivery and cannot be separated by their nature,
  • Services whose performance has started with the consumer's consent before the end of the right of withdrawal period,
  • Other products and services that cannot be considered within the scope of the right of withdrawal according to legislation.

For jewelry and accessory products, the right of withdrawal and acceptance of returns may be limited if the product has been used, deformed, or lost its hygiene/resale conditions.

12. Default and Legal Consequences

If the BUYER defaults on payment transactions made by credit card, they accept responsibility for interest, charges, and similar obligations within the framework of the contract provisions with the card-issuing bank. In this case, the relevant bank may resort to legal remedies; the resulting expenses and attorney's fees may be borne by the BUYER.

13. Personal Data and Electronic Commercial Communication

13.1. The SELLER processes the personal data shared by the BUYER in accordance with the relevant legislation for the purpose of receiving, processing, delivering orders, managing return processes, completing payment transactions, managing customer relations, and fulfilling legal obligations.

13.2. Detailed information regarding the BUYER's personal data is provided within the scope of the Disclosure Text / Privacy Policy available on the website.

13.3. Commercial electronic messages are sent only if the necessary explicit consent or legal conditions are met within the scope of the relevant legislation.

14. Agreement on Evidence

The parties agree that in disputes arising from this Agreement, the SELLER's commercial books and records, electronic records, records kept in its database and servers, email correspondence, and system logs shall constitute evidence in accordance with the Code of Civil Procedure.

15. Authorized Courts and Application Authorities

In disputes arising from this Agreement, Consumer Arbitration Committees and Consumer Courts in the BUYER's place of residence or where the transaction took place are authorized, within the monetary limits determined annually by the Ministry of Trade of the Republic of Turkey.

16. Effectiveness

The BUYER is deemed to have read, understood, and accepted all terms of this Agreement when they complete the payment for their order placed via www.mianachonline.com.

The SELLER assumes that this Agreement has been read and accepted by the BUYER via the website before the order is placed.