DISTANT SALES CONTACT
1- PARTIES OF THE CONTACT
Name : Like Tekstil Sanayi ve Ticaret Anonim Şirketi (MYBESTFRIENDS)
Address : Harbiye Mah. Bostan Sok. Hümeyra Apt. No:3/3 Nişantaşı Şişli 34367 İstanbul
Phone Number: 00902122462963
Name / Title :
2- SUBJECT OF THE CONTRACT
The subject of this Contract is to determine the mutual rights and obligations of the Parties hereto as per the provisions of the Act on the Protection of the Consumers and the Regulation on Distance Sales Contracts as well as all other applicable regulations and applications related to the sales/ purchase and delivery of the product(s) with the below stated properties and the sales price ordered by the Buyer via the electronic environment via the website WWW.MYBESTFRIENDS.COM.TR (hereinafter called “SITE”) of the Seller.
3- PRODUCTS SUBJECT TO THE CONTACT
Name of the product :
Grand Total :
3.1. The type, quantity, model, color, sales price, and delivery information of the Product is as provided above, and it is validated by the buyer.
3.2. The Product(s) will be delivered to the address of the BUYER stated above. Even if the BUYER will not be present at the delivery time, the SELLER will be deemed as it has performed its obligations hereunder fully and completely. Therefore, any and all losses and damages due to the late receipt of the Product by the BUYER, any delay in the delivery thereof attributable to the cargo company and/ or the return of the Product to the SELLER shall be solely incurred by the BUYER.
3.3. Payment Type: Credit Card & installments transaction
At the above section it is provided how many installments will be used to pay the amount of the order to be transmitted to your bank. The BUYER, based on the fact that the term sales may be conducted only through credit cards issued by the banks, agrees, declares and undertakes that it shall confirm the information related to the interest rates and delay interests with the bank separately, that the provision on the interest payments and delay interests shall apply pursuant to the credit card contract between the Bank and the BUYER. In installment transactions the provisions of the contract concluded between the BUYER and the bank issued the relevant card shall apply. The payment dates for the credit card shall also be determined between the bank and the BUYER as per their agreement. The BUYER is entitled to follow the number of installments and payments thereof on the account summary to be sent by the bank.
3.4. Domestic cargo fees are included in the price and will be paid by the seller. All international Cargo fees shall be paid by the BUYER. The SELLER may not be held liable for any failure of delivery of the ordered product to the BUYER for any reason whatsoever which is not attributable to the SELLER.
4- GENERAL CONDITIONS
4.1. The BUYER hereby declares that he/she has learned the information on the basic properties, sales price of the Product(s), payment type, and the other preliminary information including delivery information from the website, and that he/she has agreed and confirmed such information via the electronic environment.
4.2. The BUYER shall also be deemed as he/she has agreed that he/she has obtained the information on the basic properties, sales price of the Product(s) in Turkish lira, payment type and delivery information fully and completely with its agreement on the preliminary information via the electronic environment before the execution of the Distance Contract.
4.3. The Products subject to the Contract shall be delivered to the BUYER or the person/ entity to be designated by the BUYER within the period as prescribed in the preliminary information at the Website depending on the distance of the BUYER to the SELLER provided such period shall not exceed 30 days legally allowed delivery period.
4.4. The SELLER is liable for delivery of the Products fully, completely and robustly, having he properties stipulated in the order and together with warranty certificate and product manuals, if applicable.
4.5. It is required to confirm the preliminary information form via the electronic environment for the delivery of the Products. The SELLER shall be released of its obligations hereunder in the event of non-payment of the price of the Products or any payment will be cancelled from the bank records for any reason whatsoever.
4.6. If the relevant bank or financing institution will not pay the price of the Products to the SELLER due to any unfair or illegal use of the credit cards provided such use will not be due to the faults of the BUYER after the delivery of the Products, the BUYER shall return the Product delivered to him/ her to the SELLER within 3 days. The cargo fees related to such return shall be borne by the BUYER.
4.7. The Seller will inform any failure of delivery within the prescribed period due to any force majeure conditions including extremely adverse weather, interruptions in transportation. In such a case, the BUYER may choose any of the followings: (i) cancel the order, (ii) replace the Product(s) with the equivalent product(s), and/or (iii) postpone the delivery of the Products until the ceasing of the force majeure condition. In the event of cancellation of the order by the BUYER, the payment collected from him/ her will be returned to him/her within 10 days in cash and single amount. For the payments performed by the BUYER via credit card the price of the Products shall be returned to the bank within 7 days from the cancellation. Since there will be a banking process related to the return transaction, the BUYER hereby understands and agrees that the SELLER will not be able to control any delays and accordingly shall not be held liable for the period from the return of the amount to the credit card and its reflection in the card account by the bank.
If the BUYER will use its cancellation right, or if the Product subject to the Contract may not be supplied for any reason whatsoever or if it will be decided by the Arbitration Committee to return the price of the order to the Consumer, the return procedure of the amount to the credit card shall be as following:
The Bank may perform the return in installments in line with the number of installments the BUYER preferred in the payment. After the payment of the Product price by the SELLER to the Bank in one single amount; the Bank, for the return of the installments to the credit card of the BUYER, may transfer the returned amount to the account in installments in order to avoid any problem to any of the parties involved in the transaction. If the amounts of the installments will not match the statement dates of the card, each month 1 return will be reflected in the card and after the expiry of the installments the number of the installments paid by the BUYER before the return date shall be reflected thereafter and shall be deducted from his/her payables.
In the event of return of the goods and services paid through a credit card, the SELLER may not return the collected amount in cash pursuant to its agreement with the bank. The return to the credit card will be conducted as defined above by the bank upon the return of the amount by the SELLER in single amount.
In the payments performed through payment at the door or bank transfer/ EFT transfer, the return will be performed through bank transfer to the designated bank account of the Client (the account holder must be the person named in the invoice).
4.8. If it will become impossible to conduct the delivery of the product(s) subject to the Contract, the SELLER will inform such situation to the BUYER/ Consumer within the period of performance stipulated in the Contract and return the collected amount from the BUYER to him/her in single amount within 10 days.
5- RIGHT OF WITHDRAWAL FROM THE CONTRACT
The BUYER is entitled to use his right of withdrawal from the Contract by denying the products without any legal or penal liability and without any justification therefore within 14 (fourteen) days from the delivery of the Products to him/ her or his/her designated person/ entity, in the distance sales contracts. For any use of right of withdrawal, it is required to send a notice to the SELLER with registered mail with return receipt, fax or e-mail within 14 days, and the relevant product should not be used as per the provisions of the article 5 herein.
In the event of usage of the right of withdrawal:
It is required to return
(i) the invoice;
Important Warning: If the invoice of the products was issued to a legal person, it should be returned with the return invoice issued by the returning entity. The order returns issued to the entities shall not be completed without such RETURN INVOICE.
(ii) box, package, and standard accessories, if any,
to the BUYER or the person/ entity to be designated by the BUYER together with the Product, without any missing item.
The SELLER, shall deliver the total price and the documents establishing commitment / debt on the BUYER within 10 days upon receiving the returned products.
In case of the delivery of a faulty item, MYBESTFRIENDS needs to be notified by the BUYER within 2 business days in order to use lawful right of exchange or return.
If any decrease will occur in the value of the Products for any reason attributable to the BUYER or if it will become impossible to return the Product, the BUYER will indemnify the SELLER in line with its default.
Made-to-order products, on the other hand, are neither exchangeable nor returnable.
6- SETTLEMENT OF DISPUTES AND COMPETENT JURISDICTION
The Consumer Arbitration Committees and the Consumer Courts located at the place of the BUYER’s domicile and the purchase place of Products shall settle any dispute between the Parties related to the Contract up to the value as declared by the Ministry of Customs and Trade (TR).
The SELLER is entitled to give its complaints and objections to the Consumer Arbitration Committees and the Consumer Courts located at the place of the SELLER’s domicile and the purchase place of Products shall settle any dispute between the Parties related to the Contract up to the value as declared by the Ministry of Customs and Trade (TR) in December each year.
The information related to such monetary limit value is as follows:
Upon completing the order, both parties will be deemed to have accepted all the terms and conditions above.