Distance Sales Agreement
PARTIES TO THE AGREEMENT
SALES PERSON
Title: Pelin Erem
Tax ID Number: 3520191843
Address: Caferağa Mahallesi, Emin Onat Sokak, 6/1 Deniz Apt, D:5 Kadıköy, Istanbul
Phone: 0539 667 10 44
E-mail: marduk@mardukdesign.com
Web Address: https://mardukdesign.com
Trademark Registration: Marduk
MERSIS Number: 2330579874800001
KEP Address: pelin.erem@hs01.kep.tr
Subject of Contract: The subject of this contract is the determination of the rights and obligations of the parties (BUYER and SELLER) in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, whose qualifications and sales price are specified below, which are ordered electronically from the website https://mardukdesign.com .
Article 1- BUYER accepts and declares that it has been informed by the SELLER clearly, comprehensibly and in accordance with the internet environment, that it has confirmed SELLER's name, title, telephone and other access information, basic qualities of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc and all preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, the official authorities to which they can submit their complaints and objections, etc in electronic environment and then ordered the goods in accordance with the provisions of this contract.
The preliminary information on the website https://mardukdesign.com and the invoice issued on the order given by the BUYER are integral parts of this contract.
Article 2- The type and type, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, shipping fee of the product/products purchased electronically are as follows. The person to be invoiced and the person making the contract must be the same. The information below must be correct and complete. The BUYER accepts to fully cover the damages that may arise from the situations where this information is not correct or incomplete, and also the BUYER accepts any responsibility that may arise from this situation.
Product name:
Quantity of the product:
The price of the product including VAT:
Delivery transportation price:
Delivery address:
Payment method:
Billing address:
Title on Invoice:
The SELLER reserves the right to stop the order when it deems necessary, when the information given by the BUYER does not match the reality. In cases where the SELLER detects a problem in the order, if the SELLER cannot reach the BUYER from the telephone, e-mail and postal addresses given by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order so that both parties are not harmed.
Article 3- Contract Date and Force Majeure
The contract date is the date when the order is placed by the BUYER.
Circumstances that do not exist or are not foreseen at the date of signing of the contract, that develop beyond the control of the parties, that make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract or to fulfill them on time are force majeure (natural disaster, war, terrorism, insurrection, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing.
During the continuation of the force majeure, the parties will not be liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 4- Rights and Obligations of the Seller
4.1. The SELLER accepts and undertakes to fulfill the obligations imposed on it in the contract, except for force majeure, in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts.
4.2. Persons under the age of 18 (eighteen) cannot shop from the site. The SELLER will base the BUYER's age specified in the contract as correct. However, the seller cannot be held responsible in any way due to the BUYER's incorrect writing of his age.
4.2. https://mardukdesign.com is not responsible from price errors caused by system errors. Accordingly, the SELLER is not responsible for the promotion and price errors that may arise due to the system, design or illegal interventions on the website. The BUYER cannot claim from the SELLER based on system errors.
4.3. You can shop from https://mardukdesign.com via Iyzico by credit card (Visa, MasterCard, etc.), or by bank transfer-eft. Orders that are not transferred within three working days from the order date will be cancelled. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods made without contacting customer service, such as pre-paid post or postal check, are not accepted.
Article 5- Rights and Obligations of the Buyer
5.1. The BUYER accepts and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure.
5.2. The BUYER accepts and undertakes that he/she is deemed to have accepted the provisions of this contract and will make the payment in accordance with the payment method specified in the contract.
5.3. The BUYER accepts and declares that it has clear, understandable and appropriate information at https://mardukdesign.com about the name, title, telephone and other access information of the SELLER, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs etc. from the website, all preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, the official authorities to which they can submit their complaints and objections, etc. and confirms this preliminary information in electronic environment.
5.4. Depending on the previous article, the BUYER declares that he has read the relevant information at https://mardukdesign.com and has given the necessary confirmation in electronic environment about product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings.
5.5. The BUYER agrees and undertakes not to damage the product and its packaging under any circumstances, and to return the original invoice and delivery note at the time of return, in case he wishes to return the product he has purchased.
Article 6- Order/Payment Procedure
Order:
After the buyer's approval of the TL amount (total installment amounts in installment transactions) of the products added to the shopping cart, they are processed through the POS of the relevant bank card through Iyzico. Therefore, orders are not shipped. First, an order confirmation e-mail is sent to the customer. No shipment can be made before the Order Confirmation e-mail is sent.
Any disruption in the process or problems that may arise regarding the credit card are notified to the BUYER by using one of the telephone or e-mail ways specified in the contract. If necessary, the BUYER may be asked to meet with his bank. The processing time of the orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the SELLER accounts.
In the event that it is understood that the contractual goods cannot be supplied for an exceptionally justified reason and/or a stock problem is encountered, if the BUYER is immediately and clearly informed and approved, another goods of equal quality and price may be sent to the BUYER, or in line with the BUYER's desire and choice a new product may be sent, it may be expected that the product will be in stock or the other obstacle preventing delivery will be removed, and/or the order may be cancelled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the BUYER is informed of this situation and the total price paid and any documents that put him under debt, if any, are returned to him within ten days at the latest, and the contract is canceled. In such a case, the BUYER shall not claim any additional material and moral damages from the SELLER.
Payment:
Purchasers who do not want to use their credit card information on https://mardukdesign.com are offered the opportunity to order by cash transfer. In payment by wire transfer, the buyer can choose the bank most suitable for him and make the transfer. If EFT is made, the date of transfer to the account will be taken into account. When making money order and/or EFT, the "Sender Information" must be the same as the Billing Information and the order number must be written.
After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the BUYER's product must be delivered to the SELLER within 10 days. In such cases, the transportation costs belong to the BUYER.
If the BUYER prefers to pay by credit card, the BUYER accepts that he will confirm the relevant interest rates and default interest separately from his bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER, in accordance with the provisions of the legislation in force, declares and undertakes.
Article 7- Shipping/Delivery Procedure
Shipment:
With the sending of the order confirmation e-mail, the product/products are given to the courier company with which the SELLER has contracted at the maximum of 7 working days.
Delivery:
The product/products will be delivered to the BUYER's address by the SELLER's contracted cargo. The delivery time is 10 working days from the sending of the order confirmation mail and the establishment of the contract. This period may be extended by a maximum of five working days, provided that the BUYER is notified in writing or through a continuous data carrier.
The products are sent to the regions by telephone notice where the cargo companies do not deliver to the address.
In regions where the Cargo Company delivers once a week, there may be a delay in the specified day in cases such as inaccuracies or deficiencies in the shipping information, some social events and natural disasters. The BUYER cannot impose any responsibility on the SELLER due to these sags. If the product is to be delivered to another person/organization other than the BUYER, the SELLER is not responsible for the extra shipping costs that may arise from the person/organization not accepting the delivery, inaccuracy in the shipping information and/or the BUYER's absence. If the product/products did not reach the customer within the specified days, delivery problems should be reported to the customer services via sending an email to marduk@mardukdesign.com or on our website through the contact form.
In case of damaged package; damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company representative is of the opinion that the package is not damaged, the BUYER has the right to open the package and check that the products have been delivered undamaged and to request that the situation be determined with a report. After the package is received by the BUYER, it is accepted that the Cargo Company has fully fulfilled its duty. If the package has not been accepted and a report has been kept, the situation will be reported as soon as possible to the SELLER via marduk@mardukdesign.com, with the copy of the report remaining at the BUYER or must be reported through our website from the contact form.
Article 8- Procedure for Product Return and Right of Withdrawal
Product Returns:
Since personalized products are prepared in line with the demands of the person as a result of certain choices, it is not possible to return them in any way.
For all other products, the BUYER has the right to withdraw from the contract within fourteen days after receiving the goods, without giving any reason and without paying any penalty. In accordance with the general communiqué of the tax procedure law numbered 385, the BUYER must fill in the return sections at the bottom of the 2 invoices delivered with the goods completely and correctly, sign, and send one copy to the SELLER together with the product, in order for the return to be processed. The other copy must be kept in his custody. The right of withdrawal period starts from the day the goods are delivered to the BUYER. The return shipping cost of the returned product or products must be borne by the BUYER.
There is no right of withdrawal for the goods prepared in line with the BUYER's wishes and/or his personal needs.
In case the BUYER exercises its right of withdrawal, the SELLER shall return the total amount it has received within ten days, at the latest, from the receipt of the invoice containing the withdrawal notification, together with the product, and any documents, if any, that put the consumer in debt, without incurring any expense to the consumer.
The decrease in the value of the goods received or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the SELLER must compensate the value or decrease the value of the goods accordingly.
The general return period for any product purchased inadvertently is 7 days. Within this period, the return of products that have been opened, used, destroyed, etc. will not be accepted. Returns must be made with the original packaging.
In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and its packaging inadvertently purchased, and if the product cannot be returned as it was when it was delivered to the BUYER, the product will not be returned and the price will not be refunded.
For product return, the situation should be reported to customer service first. The information about sending the product as a return is sent to the SELLER by the customer. After receiving a confirmation, the product should be delivered to the SELLER, together with the invoice containing the information about the return, via the Cargo company that makes the delivery to the BUYER's address. Shipping fee and responsibility belongs to the BUYER. If the returned product reaches the SELLER, it is accepted as a return if it meets the conditions specified in this contract, and the refund is made to the buyer's credit card/account. No refund will be made until the product is returned. The time of reflection of refunds made to the credit card to the credit card accounts is at the discretion of the relevant bank.
If the purchase is made with a credit card and in installments, the procedure for returning the product to the credit card will be applied as follows: If the BUYER has requested to purchase the product in installments, the Bank makes the payment to the BUYER in installments. After the SELLER pays the entire product price to the bank at once, in case the installment expenditures made from the Bank's POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will be paid the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return and will be deducted from his existing debts.
In case of return of goods and services purchased with a card, the SELLER cannot pay the buyer in cash pursuant to the contract it has made with the Bank. In case of a return transaction, the member workplace, namely the SELLER, will make the refund via the relevant software, and since the member workplace, the SELLER, is obliged to pay the relevant amount to the Bank in cash or as a deduction, the BUYER cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the BUYER has paid the amount to the Bank at once.
Article 8- Confidentiality
The information communicated by the BUYER to the SELLER for the purpose of making payment with the information specified in this contract will not be shared with third parties by the SELLER.
The SELLER will only be able to disclose this information within the framework of the existence of an administrative/legal obligation. If the SELLER has the requested information within the scope of any judicial investigation with documented research capacity, it can provide it to the relevant authority.
Credit Card information is never stored. Credit Card information is only securely transmitted to the relevant banks during the collection process and used for provisioning, and is deleted from the system after provision.
Information such as e-mail address, postal address and telephone belonging to the BUYER are only used by the SELLER for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information may be sent to the BUYER.
Article 9- Authorized Courts and Enforcement Offices in Case of Dispute
In case of dispute arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the BUYER's or SELLER's settlement are authorized up to the value announced by the Ministry of Industry and Trade in December each year.
In the event that the order is fulfilled, the BUYER is deemed to have accepted all the terms of this contract.
