Distance Sales Contract

Article 1 - Parties to the Agreement

SELLER: Emire Tekstil Mağazacılık İth. İhr. San. Tic. Ltd. Şti.
Address: Soğanlı Mah. İstanbul Cad. No: 335-337 Osmangazi/Bursa
Phone: +90 224 222 91 11
Email: info@marinamayo.com

BUYER:
Customer

Article 2 - Subject of the Agreement

The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of goods/services with the qualities specified in the contract and the sales price indicated in the contract, which the Buyer has ordered electronically from the website www.marinatr.com, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation No. 29188. The preliminary information and invoice provided on the payment page of www.marinatr.com are integral parts of this agreement.

Article 3 - Date of Agreement

This agreement, prepared in duplicate and signed by the Seller beforehand, was accepted by the Buyer on ....

Article 4 - Delivery of Goods or Services, Place of Performance, and Delivery Method

The goods/services will be delivered to .... at the address specified by the Buyer.

Article 5 - Delivery Costs and Performance

Delivery costs are borne by the Buyer. If the Seller declares on the website that delivery costs will be covered by the Seller for purchases above a certain amount or as part of a campaign, the delivery cost will be borne by the Seller. Delivery will be made as soon as possible after the goods’ price is credited to the Seller's account, provided stocks are available. The Seller is obligated to deliver the goods/services within 30 (thirty) days from the order date and reserves the right to extend this period by an additional 10 (ten) days with written notification. If the goods/services price is not paid or canceled in the bank records for any reason, the Seller is deemed to be released from the obligation to deliver the goods/services.

Article 6 - Cash on Delivery Fee

The cash-on-delivery service is provided by the shipping company and is unrelated to the Seller. The shipping company charges 30 TL for this service. This fee belongs to the shipping company and cannot be refunded in case of product returns. The Seller is not responsible for this fee.

Article 7 - Buyer’s Declarations and Commitments

The Buyer declares that they have read and understood the preliminary information uploaded by the Seller regarding the essential qualities of the goods/services subject to the contract, the sales price, payment method, delivery, and shipping costs on the website, and that they have given the necessary confirmation electronically. By confirming the Preliminary Information Form and this Agreement electronically, the Buyer confirms that they have received the address, basic features of the ordered goods/services, total price including taxes, payment and delivery details, and delivery cost information accurately and completely before the conclusion of the distance contract. The Buyer is solely responsible for inspecting the goods/services for damage, defects, or incomplete packaging before accepting delivery from the shipping company. If the goods/services are accepted from the shipping company, they are deemed to have been delivered without damage or defects. Responsibility for damage or defects arising after delivery lies with the Buyer. If the Buyer’s credit card is used fraudulently or unlawfully by unauthorized persons through no fault of the Buyer, and the related bank or financial institution does not pay the price of the goods/services to the Seller, the Buyer must return the goods/services to the Seller within 3 (three) days of delivery. In such a case, the delivery costs are borne by the Buyer.

Article 8 - Seller’s Declarations and Commitments

The Seller is responsible for delivering the goods/services subject to the contract in an undamaged, complete manner, in accordance with the specifications stated in the order, and with the warranty documents and user manuals if applicable. If the goods/services are to be delivered to a person/organization other than the Buyer, the Seller is not responsible for the recipient's refusal to accept delivery. Upon receiving the withdrawal notice, the Seller will refund the goods/services price and return any negotiable instruments within 14 (fourteen) days. For justified reasons, the Seller may supply goods/services of equal quality and price to the Buyer before the contract performance period expires. If the performance of the goods/services becomes impossible, the Seller will notify the Buyer before the contract’s performance period expires and will refund any amounts paid within 14 (fourteen) days. Delivery costs for defective goods/services returned under warranty are borne by the Seller.

Article 9 - Characteristics of the Goods or Services

The type, quantity, brand/model, color, and total price including taxes of the goods/services are as stated on the invoice, which is an integral part of this agreement.

Article 10 - Cash Price of Goods or Services

The cash price of the goods/services is included in the sample invoice sent via email at the end of the order and in the invoice accompanying the goods.

Article 11 - Installment Price

The installment price of the goods/services, adjusted according to the payment plan selected by the Buyer, is included in the sample invoice sent via email at the end of the order and in the invoice accompanying the goods.

Article 12 - Interest

The applicable interest rate cannot exceed the rate determined annually by the Government of the Republic of Turkey, and in any case, cannot exceed 30%. The Buyer is solely responsible to the bank they are dealing with.

Article 13 - Payment Plan

If the Buyer chooses to purchase goods/services by credit card and in installments, the installment method chosen on the website applies. The terms of the agreement between the Buyer and the card-issuing bank are applicable. The Buyer is responsible for monitoring installment payments through the account statements provided by the bank.

Article 14 - Right of Withdrawal

The Buyer may return the goods/services purchased within 14 (fourteen) days of delivery without any legal or penal liability and without providing any reason.

In case of withdrawal:

• The Buyer must return the goods to the Seller within 10 (ten) days after exercising the right of withdrawal.

• Returned goods must include the box, packaging, standard accessories, and any gifts provided with the goods, without damage.

• The original invoice issued at the time of delivery must also be returned; otherwise, VAT and other legal obligations cannot be refunded.

• Refunds will be processed within 14 (fourteen) days following the exercise of the right of withdrawal, in the same manner as the original payment.

If the Buyer uses a courier service other than the Seller’s designated partner, they are responsible for the return shipping costs and any damage incurred during the shipping process. Withdrawal before delivery will result in the Buyer bearing the shipping costs.

Article 15 - Cases Where the Right of Withdrawal Cannot Be Exercised

The right of withdrawal cannot be exercised in the following cases:

• Goods/services whose prices fluctuate based on financial market conditions beyond the Seller's control.

• Customized goods prepared according to the Buyer’s requests.

• Perishable goods or goods with a short shelf life.

• Goods unsuitable for return due to health or hygiene reasons after unsealing.

• Audio, video, or software products that have been unsealed.

• Services provided instantly in electronic format.

• Goods/services outside the scope of the Distance Contracts Regulation.

Article 16 - Default and Legal Consequences

If the Buyer defaults on their payment obligations, they will be subject to the terms of the credit card agreement with their bank and may be liable for additional charges and expenses.

Article 17 - Dispute Resolution

In case of disputes arising from this agreement, the Consumer Arbitration Committees and Consumer Courts in the Buyer’s residential area are authorized up to the monetary limits announced by the Ministry of Industry and Trade.

Article 18 - Notifications and Evidence

All notifications between the parties will be made via email unless otherwise required by law. The Buyer accepts that the Seller’s official records, database entries, and server logs will serve as binding evidence in any disputes.

Article 19 - Invoice and Commercial Account Transfer Approval

If the Buyer requests the invoice to be issued to a third party, they accept responsibility for the accuracy of the information provided and indemnify the Seller against any claims or damages resulting from inaccuracies.

This agreement, consisting of 19 articles, has been read, understood, and accepted by the Buyer electronically on .../.../20....