Sales Agreement

PRELIMINARY INFORMATION SHEET

 

ARTICLE 1 - DETAILS ABOUT THE SELLER

 

ARTICLE 1.1 – SELLER'S

Trade Name: RUMELI INTERAKTIF MAGAZACILIK VE PAZARLAMA LTD. STI.

Address: SEYRANTEPE MAH., NATO CAD., NO:40 KAGITHANE ISTANBUL

Telephone: 0212 230 48 70

E-mail address: info@onemaske.com

 

ARTICLE 1.2 – BUYER

 

Any person, which signs up the shopping site namely onemaske.com, as a customer. The address and contact details provided at the time of signing up shall be taken as the basis.


ARTICLE 2 - SPECIFICATIONS OF THE PRODUCT TO BE SOLD

 

The main specifications of the goods or services are given in the address, namely www.onemaske.com. You may check the main specifications of the product(s) during the period of the campaign.

 

The prices listed and announced on the website are the sale prices. Any such announced price and covenant shall remain valid and effective until updated and changed.  Any price, announced for a specific period, shall remain valid and effective until the end of the specified period.

The type, amount, brand/model, color, quantity, sale price, method of payment of the Goods/Product/Service shall consist of the details available at the time of conclusion of the order.

 

The courier fee, which is the cost for the shipment of the product, shall be paid by the BUYER, and such fee is of non-refundable nature.


ARTICLE 3- GENERAL PROVISIONS

 

3.1) The BUYER hereby represents that s/he has read, and been informed about any and all preliminary information regarding the main specifications, sale price, method of payment and delivery of the product hereunder as announced on the website, namely onemaske.com, and also that s/he has given the necessary confirmation electronically. By confirming this Preliminary Information electronically, the BUYER shall have confirmed that the address, the main specifications of the products ordered, the tax inclusive prices, the payment and delivery details of the products which are required to be provided to the BUYER by the SELLER before the execution of a distance contract, have been obtained accurately and completely.

 

3.2) The product hereunder shall be delivered either to the BUYER or any person/organization at the address given by the BUYER, within the period as described under the preliminary information available on the website, depending on the distance to the residential address of the BUYER with respect to each product, provided that such period shall not exceed the statutory period of 30 days.

 

3.3) The SELLER may not be held liable for non-delivery of the ordered product to the BUYER due to any and all kinds of issues that might be encountered by the courier company during the delivery of the product to the BUYER.

 

3.4) The SELLER shall be liable for delivery of the product hereunder in perfect condition, completely and in accordance with the specifications as specified at the time of ordering, together with the warranty certificates and user manuals, if applicable.

 

3.5) The SELLER may supply a different product at the equal quality and price by notifying the BUYER and obtaining her/his explicit consent before the elapse of the period for the obligation of performance resulting from the agreement.

 

3.6) If and when the performance of the ordered product or service becomes impossible, in the event that it fails to perform and fulfill its obligations hereunder, then the SELLER shall notify the consumer of such case before the elapse of the period for obligation of performance arising from the agreement, and it shall refund the total amount to the BUYER within a period of 10 days.

 

3.7) For the purpose of delivery of a product, it is required that this Preliminary Information Sheet is confirmed electronically. In the event that the price for the product is not paid for any reason whatsoever or that it is cancelled on the bank records, then the SELLER shall be deemed to have been relieved of its obligation to deliver such product.

 

3.8) In the event that the price for the product is not paid to the SELLER by the respective bank or financial institution following the delivery of the product due to the fact that the credit card of the BUYER has been used wrongfully or unlawfully by any unauthorized person without any negligence of the BUYER, then the BUYER shall be obliged to return such product to the SELLER within a period of 3 days, provided that the product has been delivered to her/him. In such case, the shipping costs shall be borne by the BUYER.

 

3.9) In the event that the SELLER fails to deliver the product hereunder within the specified period of time due to any Force Majeure event or any extraordinary circumstance that prevents the transportation, such as adverse weather conditions, interruption of transport, etc., then the SELLER shall be obliged to notify the BUYER of such case. In such case, the BUYER may exercise any of her/his rights to cancel the order and to replace the product hereunder with the equivalent thereof, if applicable, and/or to postpone the delivery period until elimination of such preventive circumstance. In the event that the BUYER cancels the order, then the amount paid by the BUYER shall be refunded to him/her in cash and at once within a period of 10 days.  In respect of any payment made by the credit card of the BUYER, the price for the product shall be refunded to the respective bank within a period of 7 days following the cancellation of the order by the BUYER. Since the reflection of such amount on the accounts of the BUYER following the refunding of such amount to the bank is completely about the course of the process of the transaction by the bank, the BUYER hereby acknowledges in advance that it would not be possible for the SELLER to intervene in any probable delay in any manner whatsoever, and also that the reflection of such amount, refunded to the credit card of the BUYER by the SELLER, into the account of the BUYER by the bank may take 2 to 3 week in average. 

 

ARTICLE 4 - RIGHT OF WITHDRAWAL

 

In respect of any distance contract with respect to sale of goods, the BUYER may exercise her/his right to renege on the contract by rejecting the goods without assuming any civil or criminal liability whatsoever and without showing any reason thereto within a period of 14 (fourteen) days following the date of the delivery of the product (excluding the Concert and Event Tickets) to her/him or to any person/organization at the address s/he has shown. In respect of any distance contract with respect to service delivery, such period shall commence as of the date of execution of the contract.  Such right of withdrawal may not be exercised in respect of any service contract, where the performance of the service has commenced upon the consent granted by the consumer, prior to the expiration of the right of withdrawal. The costs and expenses arising from the exercise of such right of withdrawal shall be borne by the SELLER.

 

For the purpose of exercise of the right of withdrawal, it is required that the SELLER will have been notified in writing by registered letter with return receipt, fax or e-mail within a period of 14 days, and also that the product will have not been used in accordance with the provisions as specified in Article 5 hereof. In case such right is exercised;

 

  1. a) the invoice for the product, delivered to a 3rd party or the BUYER, must be returned (if the invoice for the product that is wished to be returned has been issued in the name of a corporation, then the product must be returned together with the return invoice which will have been issued by the respective corporation. Any order return with an invoice issued in the name of a corporation may not be concluded unless a RETURN INVOICE is issued for such purpose).

 

  1. b) Turn-in slip,

 

  1. c) the product to be returned must be delivered in full and free of damage and together with its product, package and standard accessories, if applicable.

 

  1. d) The SELLER shall be obliged to refund the total amount and return the documentation obligating the buyer to the BUYER within a period of 10 days at the latest as of the date of receipt of the notice for the withdrawal by it, and also to accept the return of the goods within a period of 20 days.

 

  1. e) In the event that the value of the goods decreases or the return becomes impossible due to any reason arising from the negligence of the BUYER, then the BUYER shall be obliged to indemnify the SELLER against any damage and/or loss, which might have been incurred by the SELLER, in proportion to the extent of the negligence of the BUYER.

 

  1. f) In the event that the amount drops below the limit amount of the campaign, organized by the SELLER, due to the exercise of the right of withdrawal, then the amount of the discount benefited as part of such campaign shall be cancelled.

 

  1. g) The courier fee, paid for returning a product returned to the seller due to the exercise of the right of withdrawal, shall be borne by the SELLER for the domestic orders, and by the BUYER for the international orders.

 

  1. h) The SELLER shall not refund any courier fee, collected from the BUYER at the time of sale of a product.

 

 

ARTICLE 5 - THE PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED

 

As per the Regulation, it is not possible to return the goods, which will have been prepared as based on the requests of the BUYER or clearly in line with the personal requirements of the BUYER, or which are not convenient to be returned due to its nature and which are of perishable nature or the best before date of which could elapse, and also the audio or video records, software program and computer consumables, to the extent that their packages have been opened by the BUYER.

In respect of enforcement of this Preliminary Information Sheet, the Consumer Arbitration Committees and the Consumer Courts at the location, where the goods or service is purchased by the BUYER or where the BUYER resides, shall have the competent jurisdiction up to the value announced by the Ministry of Industry and Trade.

 

The BUYER may file an application for complaint or objection to the arbitration committee in charge of consumer issues or to the consumer court situated at the location where s/he has purchased the goods or service or where s/he resides, within the monetary limits as determined in December on yearly basis by the Ministry of Industry and Trade of the Republic of Turkey.  The details about such monetary limits are given as follows:

 

To be effective as of 01/01/2012;

 

  1. a) the upper monetary limit with respect to the fact that the awards of the arbitration committee in charge of consumer issues shall be of binding nature or the lower monetary limit with respect to the fact that an evidence shall be constituted before the consumer courts as specified in the paragraphs 5 and 6 of amended 22 Section of the Law Nr. 4077 on Protection of Consumers, is TRY 1.161.67; and

 

  1. b) the lower monetary limit with respect to the fact that the provincial arbitration committees holding office at the metropolitan cities shall be commissioned and competent to hear the disputes as specified in the third paragraph of Article 5 of the Regulation on the Arbitration Committees in Charge of Consumer Issues as promulgated on the Official Journal, dated 01/08/2003 and bearing the issue number 25186 thereon, is TRY 3.032.65.

 

This Preliminary Information Sheet is provided for commercial purposes.

 

DISTANCE SALE CONTRACT

 

ARTICLE 1 – PARTIES

 

1.1 – SELLER'S

Trade Name: RUMELI INTERAKTIF MAGAZACILIK VE PAZARLAMA LTD. STI.

Address: SEYRANTEPE MAH.NATO CAD.NO:40 KAGITHANE ISTANBUL

Telephone: 0212 230 48 70

E-mail address: info@onemaske.com

 

1.2 – BUYER

 

Any person, which signs up the shopping site namely onemaske.com, as a customer.

 

The address and contact details provided at the time of signing up shall be taken as the basis.

 

ARTICLE 2 – SUBJECT MATTER

 

The subject matter hereof is to set out the rights and obligations of the Parties hereto as per the Law Nr. 6502 on Protection of the Consumers and the Regulation Regarding the Implementing Principles and Procedures for the Distance Contracts in respect of the sale and delivery of the product, the specifications and the sale price of which are given herein below, and which is ordered electronically by the BUYER through the website, namely onemaske.com, owned by the SELLER.

ARTICLE 3 – THE PRODUCT HEREUNDER

 

The type, amount, brand/model, color, quantity, sale price, method of payment of the Goods/Product/Service shall consist of the details available at the time of conclusion of the order.

 

ARTICLE 4 – GENERAL PROVISIONS

 

4.1. The BUYER hereby acknowledges and represents that s/he has read and become informed about the preliminary information with respect to the main specifications of the product hereunder and all taxes inclusive sale price and method of payment and the delivery of such product and also with respect to the fact that the costs thereto shall be borne by the BUYER as well as the period in which the delivery will be accomplished and also the full trade name, full address and contact details of the SELLER as given on the website, namely onemaske.com, and also that, accordingly, s/he has given the required confirmation electronically.

By confirming this contract electronically, the BUYER shall have confirmed that the address, the main specifications of the products ordered, the tax inclusive prices, the payment and delivery details of the products which are required to be provided to the Consumer by the Seller before the execution of a distance contract, have been obtained accurately and completely.

4.2. The product hereunder shall be delivered either to the BUYER or any person/organization at the address given by the BUYER, within the period as described under the preliminary information available on the website, depending on the distance to the residential address of the BUYER with respect to each product, provided that such period shall not exceed the statutory period of 30 days. Any and all kinds of courier fees with respect to the delivery as shown in Article 3 hereof shall be borne by the BUYER, and the amount of such fee shall be reflected under the name "Shipment Fee" on the invoice for the order of the BUYER.

 

4.3. In the event that the product hereunder is to be delivered to any person/organization other than the BUYER, then the SELLER may not be held liable for the fact that such person or organization, to which the product will be delivered, has not accepted such delivery.

 

4.4. The SELLER may not be held liable for non-delivery of the ordered product to the BUYER due to any and all kinds of issues that might be encountered by the courier company during the delivery of the product to the BUYER.

 

4.5. The SELLER shall be liable for delivery of the product hereunder in perfect condition, completely and in accordance with the specifications as specified at the time of ordering, together with the warranty certificates and user manuals, if applicable.

 

4.6. Provided that it shall be based upon a just cause, the SELLER may supply a different product at the equal quality and price to the BUYER before the elapse of the period for the obligation of performance resulting from the agreement.

 

4.7. If and when the performance of the ordered product or service becomes impossible, in the event that it fails to perform and fulfill its obligations hereunder, then the SELLER shall notify the consumer of such case before the elapse of the period for the obligation of performance arising from the agreement, and, accordingly, it may supply a different product at equal quality and price to the BUYER.

 

4.8. For the purpose of delivery of the product hereunder, it is required that a signed counterpart of this contract is received by the SELLER and also that the price for such product is paid by making use of the method of payment preferred by the BUYER. In the event that the price for the product is not paid for any reason whatsoever or that it is cancelled on the bank records, then the SELLER shall be deemed to have been relieved of its obligation to deliver such product.

 

4.9. The BUYER hereby acknowledges and warrants that the credit card details, s/he has identified into the system at the time of shopping, are accurate, and also that any and all kinds of legal liability, whether civil or criminal, which might result from the use of such credit card, shall remain with her/him. In the event that the price for the product is not paid to the SELLER by the respective bank or financial institution following the delivery of the product due to the fact that the credit card of the BUYER has been used wrongfully or unlawfully by any unauthorized person without any negligence of the BUYER, then it is mandatory to send the product to the SELLER within a period of 3 days, provided that the product has been delivered in person to the BUYER. In such case, the shipping costs shall be borne by the BUYER. The BUYER hereby acknowledges and warrants that the price for the product shall be transferred to the bank accounts of the SELLER without requiring service of any notice whatsoever in case the price for such product could not be collected from the credit card for any reason whatsoever or in case the price for the product is refunded to the credit card, if and when s/he fails to return the product.

 

4.10. In the event that the SELLER fails to deliver the product hereunder within the specified period of time due to any Force Majeure event or any extraordinary circumstance that prevents the transportation, such as adverse weather conditions, interruption of transport, etc., then the SELLER shall be obliged to notify the BUYER of such case. In such case, the BUYER may exercise any of her/his rights to cancel the order and to replace the product hereunder with the equivalent thereof, if applicable, and/or to postpone the delivery period until elimination of such preventive circumstance. In the event that the BUYER cancels the order, then the amount paid by the BUYER shall be refunded to him/her in cash and at once within a period of 10 days.

 

4.11. Any bonus, given to the customer by means of a campaign by the SELLER, shall be valid and effective for only one shopping.  Any such bonus may not be refunded even if the product is returned.

 

In respect of any payment made by the credit card of the BUYER, the price for the product shall be refunded to the respective bank within a period of 7 days following the cancellation of the order by the BUYER. Since the reflection of such amount on the accounts of the BUYER following the refunding of such amount to the bank is completely about the course of the process of the transaction by the bank, the BUYER hereby acknowledges in advance that it would not be possible for the SELLER to intervene in any probable delay in any manner whatsoever, and also that the reflection of such amount, refunded to the credit card of the BUYER by the SELLER, into the account of the BUYER by the bank may take 2 to 3 week in average.

 

ARTICLE 5 – RIGHT OF WITHDRAWAL

 

The BUYER shall be entitled to the right of withdrawal without being obliged to show any reason, within a period of 14 days following the delivery of the product hereunder to her/him or to any person/organization at the address shown by her/him.

 

However, the return of any such product shall not be accepted in respect of the products, which are arranged, offered for sale and/or imported exclusive to the BUYER for the special days such as the new year, national/religious holidays, mother's day, and the BUYER does her/his shopping by acknowledging such terms and conditions.

 

For the purpose of exercise of the right of withdrawal, it is required that the SELLER will have been notified in writing by fax or e-mail within a period of 14 days, and also that the product will have not been used in accordance with the provisions as specified in Article 6 hereof. In case such right is exercised;

 

  1. a) the invoice for the product, delivered to a 3rd party or the BUYER, must be returned (if the invoice for the product that is wished to be returned has been issued in the name of a corporation, then the product must be returned together with the return invoice which will have been issued by the respective corporation. Any order return with an invoice issued in the name of a corporation may not be concluded unless a RETURN INVOICE is issued for such purpose).

 

  1. b) Turn-in slip,

 

  1. c) the product to be returned within such period of 14 days must be delivered in full and free of damage and together with its product, package and standard accessories, if applicable. The price for the product shall be refunded to the BUYER within a period of 10 days following the receipt of such documentation by the SELLER.

 

The courier fee for any product returned due to the exercise of the right of withdrawal shall be borne by the SELLER for the domestic orders, and by the BUYER for the international orders. The SELLER shall not refund any courier fee, collected from the BUYER at the time of sale of a product.

 

At the time of return of the product to the SELLER, (for the purpose of ensuring accuracy with respect to our accounting records) the original invoice, which has been presented to the BUYER at the time of delivery of the product, must also be returned, and the return transaction shall not be performed if and when the invoice is not sent together with the product, or is not sent to the SELLER within a period of 5 days, at the latest, following the sending of the product, and such product shall be sent back in the same manner to the BUYER on counterparty-payment basis. The expression "this is a return invoice" shall be written on the invoice to be returned together with the product, and the BUYER shall affix her/his signature thereon.


ARTICLE 6 - THE PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED

 

Return of the disposable products, duplicable software and programs, the products which are of perishable nature or the best before date of which could elapse, shall not be accepted.

 

 

ARTICLE 7 – DEFAULT OF THE DEBTOR

 

The BUYER hereby acknowledges that s/he shall indemnify the SELLER against any damage and/or loss it might have incurred due to the delayed performance of the debt, if and when s/he goes into default.  In the event that the default of the BUYER arises from any negligence of the SELLER, then the BUYER shall not be obliged to fulfill any claim raised for damage and/or loss.

 

 

ARTICLE 8 - COMPETENT JURISDICTION

 

In respect of enforcement of this Preliminary Information Sheet, the Consumer Arbitration Committees and the Consumer Courts at the location, where the goods or service is purchased by the BUYER or where the BUYER resides, shall have the competent jurisdiction up to the value announced by the Ministry of Industry and Trade.

 

The BUYER may file an application for complaint or objection to the arbitration committee in charge of consumer issues or to the consumer court situated at the location where s/he has purchased the goods or service or where s/he resides, within the monetary limits as determined in December on yearly basis by the Ministry of Industry and Trade of the Republic of Turkey. The details about such monetary limits are given as follows:

 

To be effective as of 28/05/2014;

 

  1. a) As per Section 68 of the Law Nr. 6502 on Protection of Consumers, it is mandatory to apply to the district Arbitration Committee in Charge of Consumer Issues for disputes that are less than two thousand Turkish Liras, and to the provincial Arbitration Committee in Charge of Consumer Issues that are less than three thousand Turkish Liras, and in the provinces that fall under the category of metropolitan municipalities, to the provincial consumer arbitration committees in charge of disputes that are between two thousand Turkish Liras and three thousand Turkish Liras. No application may be submitted to the consumer arbitration committees for the values in excess of the amounts given herein above.
  2. b) In respect of any dispute that is higher than the specified value, the application must be submitted to the Consumer Court, or to the Civil Court of First Instance acting in the capacity of a Consumer Court at the locations where there is no Consumer Court.

 

This preliminary information is provided for commercial purpose.

 

 

Please Note: Before signing the official courier report, please check that whether your cargo package is damaged due to handling.  In case of any damage to your cargo package for any reason whatsoever, please return your cargo to the cargo official for drawing up an official report without signing any document whatsoever with respect to the delivery.  Your new products shall be sent immediately to you by us. Sefamerve.com shall not be liable for any damage to or any deficiency of the products therein if and when the delivery of any product with a damaged cargo package is accepted.

  1. All of the terms and conditions hereunder shall be governed by the Turkish Law.

 

Prepared by  T-Soft E-Commerce.