DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
1.1 – SELLER
Title: 3 MASH TECHNOLOGY INC.
Address: Kızıltoprak Mah. 919 Sok. No: 19A Muratpaşa, Antalya
Email address: info@3mash.com
1.2 – BUYER
The individual who is a member of the 3mash.com shopping site.
The address and contact information used during registration are taken into account.
ARTICLE 2 – SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product whose characteristics and selling price are specified below, ordered electronically by the BUYER from the 3mash.com website owned by the SELLER.
ARTICLE 3 – SUBJECT OF THE AGREEMENT PRODUCT
The type, quantity, brand/model, color, quantity, selling price, payment method, and other information at the time of the order make up the content of this agreement.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that they have read and informed themselves about the basic characteristics of the product, the sales price including all taxes, and the payment and delivery terms, and that the expenses of delivery will be borne by the BUYER, in addition to the delivery time and the full trade name, address, and contact information of the SELLER, as stated in the preliminary information on the 3mash.com website.
The BUYER confirms, by electronically confirming this agreement, that they have accurately and completely obtained the pre-information regarding the address to be given by the Seller to the Consumer before the conclusion of the distance contracts, the basic qualities of the products ordered, the prices of the products including taxes, payment and delivery information.
4.2 Unless otherwise stated on the 3mash.com website, the product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the internet site, depending on the distance of the BUYER's residence, not exceeding the legal 30-day period.
4.3 If the product subject to the contract is to be delivered to another person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4 The SELLER is not responsible for any failure to deliver the product ordered due to any problems encountered by the cargo company during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for delivering the product subject to the contract in a sound, complete, in accordance with the specified qualifications, and with the warranty certificates and user manuals, if any.
4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the contract, provided that it is based on a justifiable reason.
4.7 If the SELLER cannot fulfill its obligations under the contract due to the impossibility of delivering the ordered product or service, it shall notify the Consumer before the expiration of the performance obligation under the contract and may supply a different product to the Consumer of equal quality and price.
4.8 For the delivery of the product subject to the contract, it is a condition that the signed copy of this agreement is delivered to the SELLER and the payment is made in the manner preferred by the BUYER. If the product price is not paid for any reason or is canceled in the bank records, the SELLER is deemed to have been relieved of the obligation to deliver the product.
4.9 The BUYER acknowledges that the credit card information entered during the shopping is accurate and that they are responsible for any legal and criminal liability arising from the use of this credit card. In case the credit card belonging to the BUYER is used unauthorizedly by unauthorized persons after the delivery of the product, due to the BUYER's fault, and if the relevant bank or financial institution does not pay the product price to the SELLER for this reason, the product must be sent to the SELLER within 3 days of being delivered to the BUYER, provided that it is registered in their name. In this case, shipping costs are borne by the BUYER. If the BUYER does not return the product, the product price will be transferred to the SELLER's bank accounts without any need for notification.
4.10 In payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 7 days after the cancellation of the order by the BUYER. Since the reflection of this amount to the BUYER's accounts after the refund to the credit card by the SELLER is entirely related to the bank transaction process, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays and that the amount refunded to the credit card by the SELLER will be reflected to the BUYER's account by the bank within an average of 2 to 3 weeks.
ARTICLE 5 – RIGHT OF WITHDRAWAL FOR THE BUYER
The BUYER has the right to withdraw from the contract without any justification within 14 days from the delivery of the product to them or the person/organization at the address specified.
However, for products specially prepared, offered, and/or imported for specific days such as New Year's, holidays, Mother's Day, the return of the product is not accepted, and the BUYER agrees to these conditions when making the purchase.
To exercise the right of withdrawal, it is a condition that the SELLER is notified by fax or email within the 14-day period, and the product must not have been used within the framework of the provisions of Article 6. In case of exercising this right,
a) The invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns made on behalf of institutions will not be completed if the RETURN INVOICE is not issued.)
b) Return form,
c) The box, packaging, and, if any, standard accessories of the products to be returned within 14 days must be delivered intact and undamaged. The product price is refunded to the BUYER within 10 days following the arrival of these documents to the SELLER.
For returns due to the right of withdrawal, the shipping cost will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee charged by the SELLER when selling the product to the BUYER.
When returning the product to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned (to ensure consistency in our accounting records). If the invoice is not sent to the SELLER within 5 days after sending the product, the return process will not be completed, and the product will be returned to the BUYER with the same method, and the shipping costs will be covered by the BUYER. The statement "return invoice" will be written on the invoice to be returned together with the product and signed by the BUYER.
ARTICLE 6 – PRODUCTS THAT CANNOT BE RETURNED DUE TO WITHDRAWAL
Products whose nature requires single use, copyable software and programs, and products that may deteriorate quickly or have an expiration date are not accepted for return.
ARTICLE 7 – DEFAULT OF THE DEBTOR
In case of default by the BUYER, the BUYER agrees to pay the damages incurred by the SELLER due to the delayed performance of the debt. In cases where the default of the BUYER is due to the fault of the SELLER, the BUYER will not be obliged to cover any damages or losses.
ARTICLE 8 – COMPETENT COURT
In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts in the place where the Consumer purchased the goods or services and resides, up to the value declared by the Ministry of Industry and Trade, are authorized. The SELLER may apply to the Consumer Problems Arbitration Committee or the Consumer Court in the place where the goods or services are purchased or where the residence is located within the monetary limits determined by the Ministry of Industry and Trade every December. The monetary limits are as follows:
As of 28/05/2014:
a) In disputes with a value of two thousand Turkish Liras or less, the district consumer arbitration committees are mandatory for the consumer. For disputes with a value of three thousand Turkish Liras or less, the provincial consumer arbitration committees are mandatory for the consumer. In metropolitan cities, applications to provincial consumer arbitration committees are mandatory for disputes between two thousand Turkish Liras and three thousand Turkish Liras. No application can be made to consumer arbitration committees for disputes above these values.
b) For disputes with a value above these limits, an application must be made to the Consumer Court if available, and if there is no Consumer Court, an application must be made to the Asliye Hukuk Court in the place where the consumer resides.
These terms and conditions are subject to Turkish law in their entirety.
Please Note: Before signing the cargo report, please check whether your cargo package is damaged due to transportation. If there is any damage to the cargo package for any reason, please return your cargo without signing any documents related to the delivery to the cargo officer. New products will be sent to you immediately by us. 3mash.com is not responsible for any damage or loss of the products inside if damaged products are accepted upon delivery of the cargo package.