Preliminary Information and Distance Sales Agreement
(Automatically filled during the order process)
PARTIES
SELLER: MES93 TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Email: [email protected]
BUYER (CONSUMER)
Name – Surname:
Address:
Phone:
Email:
SUBJECT OF THE AGREEMENT
2.1. This Agreement has been prepared in accordance with the provisions of the Regulation on Distance Contracts enacted pursuant to Articles 48 and 84 of the Law No. 6502 on the Protection of Consumers dated 07.11.2013 and published in the Official Gazette No. 29188 dated 27.11.2014, which came into force on 27.02.2015.
2.2. The Parties to this Agreement, the Seller and the Buyer, acknowledge and declare that they are aware of and understand the obligations and responsibilities arising from the Law on the Protection of Consumers and the Regulation on Distance Contracts.
NATURE OF THE PRODUCT AND SALES CONDITIONS
3.1. The product ordered by the Buyer electronically from the Seller includes the following details regarding its features, quantity, sale price, delivery/invoice address, recipient, and payment method:
Product Name:
Quantity:
Delivery Address:
Recipient:
Invoice Address:
Shipping Fee: If the total amount does not meet the threshold determined by the Seller, the shipping cost shall be borne by the Buyer.
Total Order Amount (Including VAT):
Payment Method: Credit Card
GENERAL PROVISIONS
4.1. The parties to this Agreement are the Buyer and the Seller. All obligations and responsibilities regarding the fulfillment of this Agreement belong to the Parties. This Agreement enters into force on the date it is electronically approved by the Buyer.
4.2. The Buyer declares that they have read and understood all the information regarding the product and sales conditions stated in Article 3.1 and have given their electronic consent to purchase the product.
4.3. The Seller is responsible for delivering the product subject to this Agreement in a sound, complete manner, in accordance with the specifications stated in the listing, and with warranty certificates and user manuals, if any. Within this scope, the Buyer acknowledges that Ninetythirdco.com has no responsibility for the product or its shipment, even if the product is shipped by contracted courier companies on behalf of the Seller.
4.4. If the product subject to the Agreement is to be delivered to a person/entity other than the Buyer, the Seller cannot be held responsible if the recipient refuses the delivery.
4.5. Delivery shall be made via a courier company to the address provided by the Buyer on the website/application. Even if the Buyer is not present at the address at the time of delivery, the Seller shall be deemed to have fulfilled its obligation completely.
4.6. If for any reason the product price is not paid or the payment is canceled by the Buyer or third parties in the bank records, the Seller is relieved of its obligation to deliver the product.
4.7. The Buyer shall bear all costs and damages arising from late receipt of the product or from the product being held or returned due to such delay.
4.8. Unless otherwise indicated as free on the product’s web page, the shipping cost is added to the total order amount and is payable by the Buyer. The shipping fee is not included in the product price.
4.9. If the Seller cannot deliver the product due to force majeure or extraordinary events (e.g., weather, transportation issues), the Seller must notify the Buyer. In such cases, the Buyer may choose to cancel the order, replace it with a similar product, or wait until the delivery becomes possible. In case of cancellation, the amount paid shall be refunded within 10 (ten) days.
4.10. If the product is out of stock, the Seller may opt not to deliver the product, provided that the Buyer is informed and the full payment and any documents are returned within 10 (ten) days.
4.11. If the product is delivered but the credit card is used unlawfully by unauthorized persons through no fault of the Buyer, and the bank does not pay the Seller, the Buyer must return the product within 3 (three) days. The shipping costs are the responsibility of the Buyer.
4.12. Persons under 18 years of age cannot purchase the Seller's products, even if they are intended for children.
4.13. The Buyer acknowledges that interest and default interest rates for installment sales must be confirmed with their bank.
4.14. The Buyer declares that any charges, interest, and default interest shall be handled under the agreement between them and their bank, and that neither Ninetythirdco.com nor the Seller has any liability in this regard.
4.15. If the Buyer uses their right of withdrawal or in case of product unavailability or refund decisions by Consumer Arbitration Committees, and if the purchase was made via credit card in installments, the refund procedure shall be as follows:
4.15.1. Product prices include VAT and are in Turkish Lira. Orders placed by credit card will be processed after the amount is authorized and the Seller is notified by Ninetythirdco.com.
4.15.2. In case of refunds for credit card purchases, the Seller shall not refund in cash. Instead, the amount will be credited back to the Buyer’s card by the bank after the Seller pays the amount to the bank.
4.16. According to Tax Procedure Law Communiqué No. 385, the return section on the invoice must be filled out and signed for the return process. The Buyer accepts this procedure.
4.17. The Buyer and Seller agree that the information they provided on the site/application is correct, and even if incorrect or incomplete, the Agreement is valid. Both parties also consent that any personal data and other information required to fulfill the Agreement may be shared with postal service providers.
RIGHT OF WITHDRAWAL
5.1. The Buyer may withdraw from the Agreement without giving any reason and without any legal or penal liability within fourteen days from the date of receipt of the product. The amount shall be refunded within 10 (ten) days from the notification of the withdrawal. Costs related to withdrawal shall be borne by the Seller.
5.2. The Seller commits to retrieve the product and refund the amount paid to the Buyer or Ninetythirdco.com within 14 days of the Buyer’s withdrawal notification.
5.3. The parties agree that the right of withdrawal cannot be exercised in the following cases (per Article 15/1 of the Regulation):
5.3.1. Price-dependent items not under Seller control,
5.3.2. Personalized/custom-made items,
5.3.3. Perishable or date-sensitive goods,
5.3.4. Unsealed goods unsuitable for return due to health/hygiene,
5.3.5. Goods mixed with others and inseparable by nature,
5.3.6. Unsealed digital content, books, computer supplies after delivery,
5.3.7. Periodicals such as newspapers/magazines not under a subscription,
5.3.8. Services related to accommodation, transportation, catering, entertainment at a specific date or period,
5.3.9. Services instantly performed or digital goods instantly delivered,
5.3.10. Services that begin before the withdrawal period ends with the consumer's consent.
5.4. All unique/original products and works fall under the exceptions listed in Article 5.3, and thus the right of withdrawal under Article 5.1 does not apply.